RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20060002910


      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:

|     |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 (Report of
Transfer or Discharge) to show award of the Purple Heart, a second award of
the bronze service star to be affixed to the Vietnam Service Medal, the
Combat Infantryman Badge, the Marksman Marksmanship Qualification Badge
with Pistol Bar, the Sharpshooter Marksmanship Qualification Badge with
Rifle Bar, and the Expert Marksmanship Qualification Badge with Recoilless
Bar.  He also requests the issuance of these awards.

2.  The applicant states the administrative personnel at Fort Sill,
Oklahoma omitted most of his awards while processing his DD Form 214.  He
also contends that he did not receive all of the awards when he was
separated.

3.  The applicant provides a DA Form 1577 (Authorization for Issuance of
Awards), dated 14 April 1988, which shows the Army Reserve Personnel Center
in St. Louis, Missouri authorized the issuance of the above mentioned
awards.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
7 June 1968.  The application submitted in this case is dated 15 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 on 8 June 1966.  He arrived in Vietnam on
6 December 1966.  He served as an infantryman assigned to Company C, 2nd
Battalion, 5th Cavalry of the 1st Cavalry Division in Vietnam from 17
December 1966 until he was wounded in action on 25 January 1967 and
transferred to Japan for further medical treatment.  On 7 June 1968, he was
released from active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Good Conduct Medal, the Vietnam Service Medal with one bronze service
star, and the Republic of Vietnam Campaign Medal with Device 1960 as
authorized awards.
5.  There are no orders for the Purple Heart in the applicant’s service
personnel records.  However, his records contain a Western Union telegram,
dated
27 January 1967, which states the applicant was slightly wounded in Vietnam
on 25 January 1967 as a result of hostile action.

6.  Records show the applicant participated in one campaign during his
assignment in Vietnam.

7.  Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number
48, dated 17 February 1967, show the applicant received the Combat
Infantryman Badge.

8.  Item 29 (Qualification in Arms) on the applicant’s DA Form 20 (Enlisted
Qualification Record) shows he qualified marksman with the .45 caliber
pistol,    sharpshooter with the M-14 rifle, and expert with the recoilless
rifle.

9.  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.

10.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on 25 January 1967 in Vietnam.
Therefore, he is entitled to award of the Purple Heart and correction of
his DD Form 214 to show this award.

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal with one
bronze service star as an authorized award.  Although the DA Form 1577
provided by the applicant which shows the Vietnam Service Medal with two
bronze stars, records show he participated in only one campaign during his
assignment in Vietnam.  It appears the Army Reserve Personnel Center may
have determined his campaign participation based on his date of expected
return from overseas rather than his actual return.  Therefore, there is
insufficient evidence on which to base a second award of the bronze service
star to be affixed to the Vietnam Service Medal.

3.  Orders show the applicant received the Combat Infantryman Badge.

4.  The entries on the applicant’s DA Form 20 which show he qualified
marksman with the .45 caliber pistol, sharpshooter with the M-14 rifle, and
expert with the recoilless rifle are accepted as sufficient evidence on
which to award the Marksman Marksmanship Qualification Badge with Pistol
Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and
the Expert Marksmanship Qualification Badge with Rifle Bar (Recoilless
Rifle).

5.  The Army Board for Correction of Military Records does not issue
medals.  The applicant may receive the awards shown on his DD Form 214 or
DD Form 215 (Correction to DD Form 214) by submitting a request in writing
to the following address: National Personnel Records Center, ATTN:  Army
Medals, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  A copy of the DD
Form 214 or DD Form 215 should be included with the request.  However, as
the Purple Heart is only now being awarded, it will be issued.

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 7 June 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 6 June
1971.  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:

________  ________  ________  GRANT FULL RELIEF

LS______  _JM____  __JP____  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 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
25 January 1967 in Vietnam; and

      b.  amending his DD Form 214 to add the Purple Heart and to show that
he was awarded the Combat Infantryman Badge, the Marksman Marksmanship
Qualification Badge with Pistol Bar, the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar, and the Expert Marksmanship
Qualification Badge with Rifle Bar (Recoilless Rifle).

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
a second award of the bronze service star to be affixed to the Vietnam
Service Medal.



                            _Linda Simmons________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002910                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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