RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 October 2006
      DOCKET NUMBER:  AR20060004204


      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. Kenneth Wright                |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Sherry Stone                  |     |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.

2.  The applicant states he was wounded in Vietnam and awarded the Purple
Heart medal; however, it did not show up on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 February 1971.  The application submitted in this case is
dated 9 March 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 24 February 1969.  He arrived in Vietnam
on
14 August 1969.  He served as a light weapons infantryman assigned to Troop
C, 1st Squadron, 1st Cavalry in Vietnam from 1 September 1969 through
10 August 1970.  On 23 February 1971, the applicant was released from
active duty in the rank of specialist four after completing 2 years of
creditable active service with no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal with two bronze service stars, the Republic of
Vietnam Campaign Medal with Device 1960, the Combat Infantryman Badge, and
the Army Commendation Medal as authorized awards.

5.  There are no orders for the Purple Heart in the applicant’s service
personnel records.  However, a Western Union telegram, dated 24 May 1970,
states the applicant was slightly wounded in action in Vietnam on 22 May
1970.  The Vietnam Casualty Roster also shows the applicant was wounded on
22 May 1970.  His records also contain an “Official Statement of Award of
Purple Heart” for wounds received in action on 22 May 1970 signed by The
Adjutant General.
6.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

7.  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.

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.

9.  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
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

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 22 May 1970 in Vietnam
are accepted as sufficient evidence on which to amend his DD Form 214 to
show this award.






2.  The applicant was separated in the rank of specialist four with 2 years
of creditable active service with no time lost.  It appears the applicant
met the eligibility criteria for the first award of the Good Conduct Medal
for the period
24 February 1969 through 23 February 1971 based on completion of a period
of qualifying service ending with the termination of a period of Federal
military service.  Therefore, his records should be corrected to show this
award.

3.  The applicant’s unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation while he was assigned to it.  Therefore, his
records should be corrected to show this award.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 23 February 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 22
February 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:

KW_____  _TR_____  __SS___  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 as a result of
hostile action on 22 May 1970;

      b.  awarding him the first award of the Good Conduct Medal for the
period 24 February 1969 through 23 February 1971; and

      c.  amending his DD Form 214 to show that he was awarded the Purple
Heart, the Good Conduct Medal, and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.



                            __Kenneth Wright______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004204                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061003                                |
|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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