RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 September 2006
      DOCKET NUMBER:  AR20060002134


      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. Karl L. Briales               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla J. N. Troup             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show award of the
Purple Heart (PH), Bronze Star Medal (BSM), and Air Medal (AM).

2.  The applicant states, in effect, that the awards were omitted from his
DD Form
214.  He continues that he received these awards serving his country which
he was proud to serve, and that the awards should be annotated on his DD
Form 214.

3.  The applicant provides a copy of the PH certificate, General Orders
Number 12641, and DA Form 1577 (Authorization for Issuance of Awards).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 March 1971, the date of his separation from active
duty.  The application submitted in this case is dated 1 February 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 show that he was inducted on 11 August 1969.
He completed basic combat training and advanced individual training and was
awarded the military occupational specialty (MOS) 11B10 (Light Weapons
Infantryman).  The applicant was assigned to Company A, 2nd Battalion
(Airmobile), 501st Infantry while in the Republic of Vietnam during the
period
13 February 1970 through 14 March 1971.  The applicant was released from
active duty and transferred to the United States Army Reserve on 17 March
1971.





4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form
214 shows he was awarded the National Defense Service Medal (NDSM),
Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam
Service Medal (VSM), Vietnam Campaign Medal (VCM) with/60 device, CIB, AM,
and 2 Overseas Bars.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) shows "Frag wound to left arm, both legs + Buttocks 6 July 1970".

6.  A review of the Vietnam Casualty Roster shows the applicant's name was
listed among those wounded.  The applicant's entry contains the injury
code 26 which indicates that he was lightly wounded in action.  The roster
further shows that the applicant sustained these injuries on 6 July 1970.

7.  The applicant provided a copy of the PH certificate awarding him the PH
for wounds received in action in the Republic of Vietnam on 7 July 1970.

8.  Army Regulation 672-5-1 (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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also provides that there
are no time limitations on requests for award of the Purple Heart.

9.  The applicant provided a copy of DA Form 1577, this form shows the
applicant was authorized issuance of the BSM, AM, Army Commendation Medal
(ARCOM), NDSM, VSM with 3 bronze stars, VCM w/60 Device, CIB, and the
Marksman Marksmanship Badge with Rifle Bar.

10.  Headquarters, 101st Airborne Division (Airmobile) General Orders
Number 14513, dated 13 December 1970, shows the applicant was awarded the
Bronze Star Medal for meritorious service.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Bronze Star Medal is awarded in time of war for heroism and
for meritorious achievement or service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.  Recommendations must be made within 2
years of the event or period of service and the award must be made within 3
years.

12.  Headquarters, 101st Airborne Division (Airmobile) General Orders
Number 9007, dated 10 August 1970, shows the applicant was awarded the Army
Commendation Medal for meritorious achievement.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Army
Commendation Medal may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement or meritorious service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

14.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit to which the applicant
was assigned, Company A, 2nd Battalion (Airmobile), 501st Infantry, was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 6, dated
1974.

16.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to Company A, 2nd Battalion (Airmobile), 501st
Infantry, it was cited for the award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation based on Department of the
Army General Orders Number 48, dated 1971.

17.  Army Regulation 600-8-200 (Military Awards) provides in pertinent part
that the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation is awarded by the Vietnamese Government as a unit award for
meritorious service.

18.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  The applicant's records indicate he
participated in the Vietnam Winter-Spring 1970, DA Sanctuary
Counteroffensive, and the Vietnam Counteroffensive Phase VII.

19.  Appendix B of Army Regulation 600-8-22 shows the applicant
participated in three campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart, Bronze Star Medal, and the Air Medal.

2.  The Vietnam Casualty Roster and the evidence of record show the
applicant sustained wounds as a result of hostile action on or about 6 July
1970.  This is sufficient evidence to meet the criteria for award of the
Purple Heart.  As a result, the applicant is entitled to award of the
Purple Heart for wounds sustained on or about 7 July 1970 while in the
Republic of Vietnam and correction of his records to show this award.

3.  General Orders show the applicant was awarded the Bronze Star Medal and
the Army Commendation Medal.  Therefore, he is entitled to correction of
his records to show these two awards.

4.  General Orders show the applicant's unit was awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation which are not
shown on his separation document.  Therefore, he is entitled to correction
of his records to show these two foreign unit awards.

5.  Records show that the applicant participated in the three campaigns
during his service in Vietnam.  Therefore, is eligible for award of three
bronze service stars to be affixed to his Vietnam Service Medal.

6.  Item 24 of the applicant's DD Form 214 already shows he was awarded the
Air Medal.  It is abbreviated as (AM) rather than being spelled out.
Therefore, he is not entitled to further correction of his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 March 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
16 March 1974.  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 are no time limitations on requests for award of
the Purple Heart.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__mjnt__  __cad___  __eem___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing:

      a.  Purple Heart for wounds sustained in the Republic of Vietnam on
or about 7 July 1970.

      b.  Bronze Star Medal.

      c.  Army Commendation Medal.

      d.  Republic of Vietnam Gallantry Cross with Palm Unit Citation.

      e.  Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.

      f.  Three bronze service stars to be affixed to his Vietnam Service
Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Air Medal.



                                        Marla J. N. Troup
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002134                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0014                                |
|3.                      |107.0020                                |
|4.                      |107.0094                                |
|5.                      |107.0095                                |
|6.                      |                                        |


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