RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20060002055


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jerome Pionk                  |     |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.

2.  The applicant states that the Purple Heart was not entered on his DD
Form 214.

3.  The applicant provides his DD Form 214 and a Western Union telegram.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 March 1971.  The application submitted in this case is dated
27 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 was enlisted in the Regular Army on 11 June 1969.  He
completed basic combat training and advanced individual training (AIT).  At
the completion of AIT, he was awarded the military occupational specialty
11B (Light Weapons Infantryman).  He was assigned to Company C, 1st
Battalion, 20th Infantry in Vietnam on 12 November 1969.  He was promoted
to specialist four on 4 February 1970.

4.  A Western Union telegram, dated 18 August 1970, shows the applicant was
slightly wounded in action in Vietnam on 14 August 1970 by fragments while
he was a passenger on a military vehicle on a military mission when a mine
detonated.  The telegram indicates he received wounds to both of his legs,
the lower mandible, and the right eye.

5.  The applicant’s name is listed on the Vietnam Casualty Roster.

6.  The applicant was transferred to the U.S. Army Hospital at Camp Zama in
Japan on 1 September 1970.  On 17 September 1970, he was transferred to
Brooke Army Medical Center in Fort Sam Houston, Texas.
7.  The applicant received credit for participation in the Vietnam Winter-
Spring 1970 Campaign, the DA Sanctuary Counteroffensive Campaign, and the
Vietnam Counteroffensive Phase VII Campaign.

8.  The applicant was honorably released from active duty on 15 March 1971.
 His DD Form 214 shows he was awarded the National Defense Service Medal,
the Vietnam Service Medal, the Army Commendation Medal, the Combat
Infantryman Badge, the Republic of Vietnam Campaign Medal with Device
(1960), the Expert Marksmanship Qualification Badge with Rifle Bar, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant’s
assignment to the 1st Battalion, 20th Infantry, this unit was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Department of the Army General Orders Number 42, dated 1972.

10.  Army Regulation 600-8-22 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.

11.  Army Regulation 600-8-22 (Military Awards), 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.  There are no orders which authorize award of the Purple Heart to the
applicant.  His name is listed on the Vietnam Casualty Roster.

2.  The Western Union telegram shows the applicant was wounded in action on
14 August 1970 in Vietnam.  Therefore, this evidence is sufficient as a
basis for award of the Purple Heart.

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

4.  The applicant was assigned to a unit during a period it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
Therefore, this foreign unit award should be added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 March 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 14 March 1974.  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:

LS______  JM______  JP______  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 Purple Heart for wounds received on 14 August
1970;

      b.  amending his DD Form 214 to show the Purple Heart and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

      c.  amending his DD Form 214 to show he is authorized to wear three
bronze service stars on his Vietnam Service Medal.




                            Linda Simmons_________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002055                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060822                                |
|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.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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