RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060002634


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Ms. Linda Barker                  |     |Member               |
|     |Ms. Qawiy Sabree                  |     |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 he never received a Purple Heart after being
disabled in Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge); a VA Form 21-6754 (Increased Disability Compensation); and
several Western Union telegrams.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 March 1971.  The application submitted in this case is dated
12 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 inducted on 5 May 1969.  He arrived in Vietnam on 18
May 1970.  He served as an indirect fire crewman assigned to Company C,
1st Battalion, 46th Infantry in Vietnam from 2 June 1970 until he was
wounded in action on 9 June 1970 and transferred to Japan on 30 June 1970
for further medical treatment.  On 26 March 1971, the applicant was
released from active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal
and the Armed Forces Expeditionary Medal (Korea) as authorized awards.

5.  There are no orders for the Purple Heart in the applicant’s service
personnel records.  However, a Western Union telegram states the applicant
was wounded in action in Vietnam on 9 June 1970 by a fragment while on a
combat operation when a hostile force was encountered.  The Vietnam
Casualty Roster also shows he was wounded in action on 9 June 1970.


6.  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 applicant's unit is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 42, dated 1972.

7.  A DD Form 215 (Correction to DD Form 214), dated 31 August 1971,
amended the applicant’s DD Form 214 to show the Good Conduct Medal, the
Vietnam Service Medal with one bronze service star, the Republic of Vietnam
Campaign Medal with Device 1960, the Expert Marksmanship Qualification
Badge with Automatic Rifle Bar, the Sharpshooter Marksmanship Qualification
Badge with Grenade and Mortar Bars, and the Marksman Marksmanship
Qualification Badge with Rifle Bar.

8.  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 are no time
limitations for requests for award of the Purple Heart.

9.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

10.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further
provided that, due to extensive time period for the Korea Defense Service
Medal eligibility, the non-consecutive service period for eligibility
remains cumulative throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The Western Union telegram and the entry on the Vietnam Casualty Roster
which show the applicant was wounded in action on 9 June 1970 in Vietnam
are accepted as sufficient evidence on which to base award of the Purple
Heart in this case.  Therefore, the applicant is entitled to award of the
Purple Heart and correction of his DD Form 214 to show this award.

2.  The applicant served a period of qualifying service for award of the
Korea Defense Service Medal.

3.  The applicant's unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation while he was assigned to it.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 26 March 1971; therefore, the time for the applicant
to file a request for correction of any error expired on 25 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 is no statute of limitations on requests for award of the Purple
Heart.

BOARD VOTE:

AR_____  _LB_____  _QS____  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 in action on 9
June 1970 in Vietnam; and

      b.  amending his DD Form 214 to add the Purple Heart and to show that
he was awarded the Korea Defense Service Medal and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.



                            ___Allen Raub_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002634                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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