RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060002691


      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. Susan Powers                  |     |Chairperson          |
|     |Mr. Jonathan Rost                 |     |Member               |
|     |Mr. David Haasenritter            |     |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 and the Silver Star be
added to his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

2.  The applicant states that these awards were omitted from his DD Form
214.

3.  The applicant provides a copy of his DD Form 214; his orders awarding
him the Silver Star; and an award certificate for the Purple Heart (the
name and dates on the award certificate are unclear).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
14 August 1970.  The application submitted in this case is dated 9 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 was inducted into the Army on 30 June 1968.  He completed
basic combat training at Fort Benning, Georgia and was reassigned to Fort
Polk, Louisiana for advanced individual training (AIT).  Upon successful
completion of AIT, he was awarded military occupational specialty 11B
(Light Weapons Infantryman).  He was assigned to Company D, 2nd Battalion,
16th Infantry, 1st Infantry Division in Vietnam on 4 July 1968.  He was
advanced to private first class on 9 July 1968.

4.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification
Record) shows he sustained a fracture to his right leg and a gunshot wound
to his left foot on 13 September 1968 as a result of hostile action.  His
name is listed on the Vietnam Casualty Roster.



5.  Headquarters, 1st Infantry Division General Orders Number 10660,
dated 9 October 1968, awarded the applicant the Silver Star for action on
13 September 1968.

6.  The applicant was medically evacuated to the U.S. Army Hospital at Camp
Zama in Japan on 1 October 1968.  On 2 February 1970, he was transferred to
the U.S. Army Hospital at Fort Rucker, Alabama.

7.  The applicant received credit for participation in the Vietnam
Counteroffensive Phase V Campaign.

8.  The applicant was retired from active duty service on 14 August 1970 by
reason of physical disability.  He completed 2 years, 6 months, and 15 days
of active military service with no days of lost time.

9.  His DA Form 20 shows he received conduct and efficiency ratings of
"excellent" throughout his service.  There is no record of disciplinary
actions.

10.  His DD Form 214 shows the National Defense Service Medal, the Vietnam
Service Medal, and the Combat Infantryman Badge as authorized awards.

11.  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 that, at the time of applicant's
assignment to the 2nd Battalion, 16th 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 (DAGO) Number 32, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of
applicant's assignment to the 2nd Battalion, 16th Infantry, this unit was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation by DAGO Number 53, dated 1970.

13.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic Vietnam Campaign Medal with Device (1960).  This medal was awarded
by the Government of Vietnam to all members of the Armed Forces of the
United States for qualifying service in Vietnam during the period 1 March
1961 through 28 March 1973.  Qualifying service included assignment in
Vietnam for 6 months or more.  Qualifying service outside the geographical
limits of the Republic of Vietnam required the individual to provide direct
combat support to the Republic of Vietnam and Armed Forces.  Individuals
who had qualified for award of the Vietnam Service Medal or the Armed
Forces Expeditionary Medal and were evacuated prior to completing 6 months
of service due to wounds resulting from hostile action were entitled to
award of the Republic of Vietnam Campaign Medal with Device (1960).

15.  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.  There are no orders which authorize award of the Purple Heart to the
applicant.  However, his name is listed on the Vietnam Casualty Roster and
his Enlisted Qualification Record shows he was wounded on 13 September 1968
as a result of hostile action.  Therefore, this evidence is sufficient as a
basis for award of the Purple Heart and adding this award to his DD Form
214.

2.  General orders show the applicant was awarded the Silver Star.
Therefore, this decoration should be added to his DD Form 214.

3.  Evidence of record indicates that the applicant has met the regulatory
requirements for award of the Army Good Conduct Medal for a qualifying
period from 30 January 1968 through 14 August 1970.  Therefore, this
evidence is sufficient as a basis for first award of the Army Good Conduct
Medal and adding this award to his DD Form 214.

4.  The applicant was awarded the Vietnam Service Medal and was medically
evacuated due to wounds resulting from hostile action prior to completing
6 months in Vietnam.  Therefore, he is eligible for award of the Republic
of Vietnam Campaign Medal with Device (1960).

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

6.  The applicant was assigned to a unit during a period it 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.
Therefore, these awards should be added to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 August 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 August 1973.  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:

SP______  JR______  DH______  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 13 September
1968;

      b.  awarding him the Army Good Conduct Medal for the period 30
January 1968 through 14 August 1970; and

      c.  adding the Purple Heart, the Silver Star, the Army Good Conduct
Medal, the Republic of Vietnam Campaign Medal with Device (1960), the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to
his DD Form 214; and



      d.  showing he is authorized to wear one bronze service star on his
Vietnam Service Medal.




                            Susan Powers__________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002691                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060907                                |
|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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