RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20060001757


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Ronald Gant                   |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Purple Heart, the Army Commendation Medal with an oak leaf cluster and “V”
Device, the Bronze Star Medal, and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.

2.  The applicant states he received the awards and he believes they should
be added to his original DD Form 214.

3.  The applicant provides his DD Form 214; general orders awarding him the
Purple Heart; general orders awarding him the Army Commendation Medal with
“V” Device; and a citation for award of the Bronze Star Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 21 February 1969.  The application submitted in this case is dated 4
November 2005.

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 enlisted in the Regular Army on 6 March 1967 for a period
of three years.  He completed basic combat training at Fort Leonard Wood,
Missouri and was reassigned to Fort Sill, Oklahoma for advanced individual
training (AIT).  Upon successful completion of AIT, he was awarded military
occupational specialty 13A (Field Artillery, Basic).  He later completed
basic airborne training.  He was assigned to Battery A, 1st Howitzer
Battalion, 321st Artillery in Vietnam on 15 December 1967 as a cannoneer.

4.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification
Record) shows he sustained a fragment wound to his chest on 29 August 1968.
 His name is listed on the Vietnam Casualty Roster.

5.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number
6413, dated 22 September 1968, awarded the applicant the Purple Heart for
wounds received in action on 29 August 1968.

6.  Item 41 (Awards and Decorations) on the applicant’s DA Form 20 shows he
was awarded the Army Commendation Medal by Headquarters, 101st Airborne
Division General Orders 5315, date unknown.

7.  Headquarters, 101st Airborne Division General Orders Number 6668, dated
2 October 1968, awarded the applicant the Army Commendation Medal with
“V” Device for action on 19 May 1968.

8.  There are no orders which show the applicant was awarded the Bronze
Star Medal.  The applicant provided a citation for award of the Bronze Star
Medal which indicates he distinguished himself by outstanding meritorious
service in connection with ground operations against a hostile force in the
Republic of Vietnam during the period 1 January 1968 to 31 August 1968.

9.  The applicant departed Vietnam on 10 October 1968 and received credit
for participation in four campaigns.

10.  The applicant was honorably discharged on 21 February 1969 based on
physical disability with severance pay.  His DD Form 214 shows he was
awarded the Army Commendation Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal with 1960 Device, the National Defense
Service Medal, and the Parachutist Badge.

11.  The applicant’s personnel records contain a DA Form 1577
(Authorization of Issuance of Awards), dated 11 December 1970, which shows
he was issued the Bronze Star Medal, the Army Commendation Medal with “V”
Device, and the Purple Heart.

12.  Headquarters, Department of the Army General Orders Number 8, dated
1974, awarded all units which served in Vietnam the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained 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 is no statute of
limitations on requests for award of the Purple Heart.
14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Purple Heart for
wounds received in action on 29 August 1968.  Therefore, the Purple Heart
should be added to his DD Form 214.

2.  The applicant’s DD Form 214 currently reflects one award of the Army
Commendation Medal.  However, general orders show he was awarded the Army
Commendation Medal with “V” Device and his DA Form 20 shows he was awarded
a second award of the Army Commendation Medal.  Therefore, his DD Form 214
should be amended to reflect the Army Commendation Medal (First Oak Leaf
Cluster) with “V” Device.

3.  There are no orders which authorize award of the Bronze Star Medal to
the applicant.  However, he submitted a citation which indicates he was
presented award of the Bronze Star Medal for meritorious service from 1
January 1968 to 31 August 1968.  His records also contain a DA Form 1577
which also authorizes issuance of the Bronze Star Medal.  Therefore, the
citation and DA Form 1577 is accepted as sufficient basis for amending his
DD Form 214 to show award of the Bronze Star Medal.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 8, dated 1974.  Therefore, this foreign unit award should be
added to his DD Form 214.

5.  The applicant received credit for participation in four campaigns
during the Vietnam War.  Therefore, his DD Form 214 should be corrected to
show four bronze service stars for wear on his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 February 1969.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
20 February 1972.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in this case based on the fact there is no statute of limitations on
requests for award of the Purple Heart.

BOARD VOTE:

PS______  LD______  RG______  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:

      a.  awarding him the Bronze Star Medal for meritorious service from
1 January 1968 to 31 August 1968;

      b.  deleting the Army Commendation Medal from his DD Form 214; and

      c.  adding the Bronze Star Medal, Purple Heart, the Army Commendation
Medal (First Oak Leaf Cluster) with “V” Device, and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation to his DD Form 214.




                            Paul Smith____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001757                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060829                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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