RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20060001429


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 award of the Purple Heart.

2.  The applicant states that he was injured in the Republic of Vietnam, on
6 November 1968, by hostile fire and was never recognized.

3.  The applicant provides a copy of a Western Union Telegram and a
Department of the Army message in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 January 1969, the date of his discharge from the Army
of the United States.  The application submitted in this case is dated 16
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 records contain a DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) with the effective date 12
January 1969. This form shows that the applicant completed 8 months of net
service during this period of enlistment and served in the Republic of
Vietnam for 2 months.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of this DD Form 214 does not show
award of the Purple Heart.

5.  The applicant's records contain a DD Form 214 with the effective date
20 October 1971.  This form shows that the applicant entered active duty on
13 January 1969 and completed 2 years and 10 months of net service during
this period of enlistment.  This form further shows that the applicant
served in the Republic of Vietnam for 9 months and 4 days.

6.  The applicant's second DD Form 214 does not show that he was awarded
the Purple Heart.
7.  The applicant records do not contain general orders which authorized
him award of the Purple Heart.

8.  The applicant's name is not shown on the Vietnam Casualty Roster.

9.  The applicant's records contain a Western Union Telegram, dated
7 November 1968, which informed his parents that he was slightly wounded as
a result of hostile action.  The Telegram continues that the applicant
received a fragment wound to his left shoulder and that he was in a
defensive position when hit by a fragment from a hostile mortar round.  The
Telegram concludes that the applicant was treated and returned to duty.

10.  The applicant's records contain a Department of the Army Message,
dated 7 November 1968, which shows that the applicant was "not seriously
wounded" as a result of hostile action on 6 November 1968.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained while in
action against and enemy or as a result of hostile action.  Substantiating
evidence must be provided to verify that the wound was the result of
hostile action, the wound must have required treatment, and the medical
treatment must have been made a matter of official record.  This regulation
also provides that there are no time limitations for requests for award of
the Purple Heart.

12.  Review of the applicant's records indicates entitlement to an
additional award that is not shown on his DD Form 214.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
for a wound sustained as a result of hostile action on 6 November 1968.

2.  Evidence shows that the applicant sustained fragment wounds to his left
shoulder as a result of a hostile mortar round.  Evidence further shows
that the applicant was treated by appropriate medical personnel for his
wounds.  Therefore, there is sufficient evidence to show that he is
entitled to award of the Purple Heart and correction of his records to show
this award.
3.  General Orders awarded the applicant’s unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation which is not shown on his DD Form
214.  Therefore, he is entitled to have his records corrected to show this
foreign unit award.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 January 1969, the date of his first
separation from active duty; therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 11 January
1972.  Although the applicant did not file within the ABCMR's statute of
limitations, it is appropriate to waive failure to timely file based on the
fact there is no statute of limitations on requests for award of the Purple
Heart.

BOARD VOTE:

_RTD____  _RMN____  _DAC__  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 showing the applicant was awarded the
Purple Heart for wounds sustained in the Republic of Vietnam on 6 November
1968 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.





                               __ Richard T. Dunbar_
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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