RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060003161


      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:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |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 that he should have been awarded the Purple Heart.
 He states he was wounded in a mortar attack in Vietnam, but he was never
“put in” for this award.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), his medical documents, and
a Western Union telegram.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 December 1969.  The application submitted in this case is
dated 21 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 enlisted in the Regular Army on 3 January 1967 for a
period of three years.  He completed basic combat training and advanced
individual training and was awarded military occupational specialty (MOS)
71B (Clerk Typist).  He was assigned to Headquarters and Headquarters
Company, 3rd Battalion, 22nd Infantry, 25th Infantry Division in Vietnam on
31 March 1968. He was promoted to specialist five on 26 September 1968 and
reclassified into MOS 71L (Administrative Specialist).

4.  A Western Union telegram, dated 20 November 1968, shows the applicant
was slightly wounded in Vietnam on 16 November 1968 as a result of hostile
action.  The message indicates he received a contusion to his left knee
while in base camp when the area camp came under hostile mortar attack.

5.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification
Record) shows he sustained a contusion to his left knee on 16 November
1968.  His name is listed on the Vietnam Casualty Roster.
6.  The applicant departed Vietnam on 28 March 1969 and was credited with
participation in five campaigns.

7.  He was released from active duty on 16 December 1969.  His DD Form 214
shows he was awarded the National Defense Service Medal, the Vietnam
Service Medal with two bronze service stars, the Republic of Vietnam
Campaign Medal with Device (1960), two Overseas Service Bars, the Army
Commendation Medal, the Bronze Star Medal (First Oak Leaf Cluster), the
Army Good Conduct Medal, and the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar.

8.  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 3rd Battalion, 22nd Infantry, this unit was cited for
award of the Valorous Unit Award by Department of the Army General Orders
(DAGO) Number 42, dated 1969.

9.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 3rd Battalion, 22nd Infantry, this unit was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by DAGO Number 48, dated 1971.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 3rd Battalion, 22nd Infantry, this unit was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation by DAGO Number 51, dated 1971.

11.  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.

12.  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.  A silver service star is authorized in lieu of five bronze service
stars.

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
16 November 1968 in Vietnam.  Therefore, this evidence is sufficient as a
basis for award of the Purple Heart.

3.  The applicant received credit for participation in five campaigns
during the Vietnam War.  Therefore, his DD Form 214 should be corrected to
show one silver service star (in lieu of five 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 Valorous Unit Award, 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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 December 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 15 December 1972.  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:

JA______  ML______  TR______  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 16 November
1968; and

      b.  amending his DD Form 214 to show he was awarded the Purple Heart,
the Vietnam Service Medal with one silver service star, the Valorous Unit
Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.




                            James Anderholm_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003161                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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