RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2006
      DOCKET NUMBER:  AR20060001221


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Purple Heart (PH).

2.  The applicant states, in effect, he was injured in action during his
tour in the Republic of Vietnam (RVN).

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 30 December 1969.  The application submitted in this case
is dated 20 January 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows he was inducted into the Army and entered
active duty on 13 March 1968.  He was trained in, awarded, and served in
military occupational specialty (MOS) 13B (Field Artillery), and the
highest rank he attained while serving on active duty was corporal (CPL).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 31 December 1968 through 26 December 1969.  Item
38 (Record of Assignments) shows that during his RVN tour, he was assigned
to
C Battery, 1st Battalion, 92nd Artillery, performing duties as a field
artillery crewman.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains a
Chronological Record of Medical Care (SF 600) that shows on 5 November
1969, he was treated for injuries to his right leg that resulted from being
blown out of his bunker at "LZ Kate".  He was also treated from ringing in
his ears on
19 November 1969.  During this treatment, the examining physician confirmed
the fact the applicant had been blown out of his bunker at "LZ Kate".

6.  On 30 December 1969, the applicant was honorably separated after
completing 1 year, 9 months, and 18 days of active military service.  The
separation document (DD Form 214) he was issued shows that during his
active duty tenure, he earned the National Defense Service Medal, Vietnam
Service Medal (VSM), RVN Campaign Medal, Army Commendation Medal, and Army
Good Conduct Medal.

7.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The
applicant's name is included in this list of RVN battle casualties.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent

part, that the PH is awarded to any member who has been wounded or killed
in action.  A wound is defined as an injury to any part of the body from an
outside force or agent sustained under conditions defined by this
regulation.  In order to support awarding a member the PH, it is necessary
to establish that the wound, for which the award is being made, required
treatment by a medical officer.  This treatment must be supported by
records of medical treatment for the wound or injury received in action,
and must have been made a matter of official record.

9.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with while serving in the RVN.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (1st Battalion, 92nd Artillery)
received the Valorous Unit Award (VUA) and RVN Gallantry Cross with Palm
Unit Citation.  It also shows that during this period, credit was granted
for Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, Vietnam
Summer-Fall 1969, and Vietnam Winter-Spring 1970 campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the PH was carefully
considered and found to have merit.  By regulation, in order to support
award of the PH, there must be evidence that the wound for which the award
is being made was the result of enemy action, that it was treated by
military medical personnel, and a record of this treatment must have been
made a matter of official record.

2.  The evidence of record in this case includes medical treatment records
that confirm the applicant was treated for injuries to his right leg he
sustained when he was blown out of his bunker while engaged in action
against enemy forces.  In addition, his name is recorded on the Vietnam
Casualty Roster, the official DA list of RVN battle casualties.  Therefore,
the regulatory burden of proof necessary to support award of the PH has
been satisfied in this case.  Therefore, it would be appropriate to award
the applicant the PH, for being wounded in action in the RVN on 5 November
1968.

3.  The applicant's record also shows that based on his RVN service and
campaign participation, he is also entitled to the VUA, RVN Gallantry Cross
with Palm Unit Citation, and 4 bronze service stars with his VSM.
Therefore, it would also be appropriate to add these awards to his record
at this time.

BOARD VOTE:

___SLP _  __RML __  __JGH__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by awarding him the Purple Heart for
being wounded in action in the Republic of Vietnam on 5 November 1968; by
showing he is entitled to the Valorous Unit Award, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and 4 bronze service stars with
his Vietnam Service Medal; and by providing him a correction to his
separation document that includes these awards.




                            _____Shirley L. Powell______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001221                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/12/30                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |O/S Rtn                                 |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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