RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060004640


      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             |
|     |Mr. Dean Turnbull                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Mr. David W. Tucker               |     |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 that the award of the Bronze Star Medal (BSM),
Army Good Conduct Medal (AGCM), and the Purple Heart be added to his
records.

2.  The applicant states, in effect, that the BSM and AGCM were awarded to
him while he was hospitalized due to a jeep accident in South Vietnam.  He
was then assigned to a Medical Holding Company.  He states that while he
was returning from a night patrol he was struck by a jeep as he tried to
assist starting the jeep.  He was then carried away to his sleeping area.
He awoke the next morning bleeding and he was taken to the 85th Evacuation
Hospital where they operated on him for external injuries.  He asked for
consideration for the award of the Purple Heart.

3.  He further states, should his records be insufficient for the award of
the Purple Heart, he would like for the Department of the Army to provide
him a copy of his accident report and the line of duty investigation.

4.  The applicant provides:

     a.  a copy of his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge);

     b.  a copy of Headquarters, 101st Airborne Division (Airmobile)
General Orders Number 4708, dated 28 April 1970;

     c.  a copy of Headquarters, 101st Airborne Division (Airmobile)
General Orders Number 6116, dated 1 June 1970;

     d.  a copy of DA Form 20 (Enlisted Qualification Record); and

     e.  a copy of a OPC Orlando Outpatient Routing Slip, dated 22 July
1993.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on  
6 May 1970, the date of his release from active duty.  The application
submitted in this case is dated 15 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's records show that he entered active duty on 30 June
1967.  He completed basic combat training and advanced individual training,
and was awarded military occupational specialty 63B10 (Wheel Vehicle
Mechanic).

4.  He served a tour of duty with Headquarters and Headquarters Company
(HHC) and Band Support Command, 101st Airborne Division (Airmobile) in the
Republic of Vietnam during the period 2 September 1969 to 13 April 1970.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the Vietnam Service Medal, Vietnam Campaign Medal, Parachutist
Badge, National Defense Service Medal, Army Commendation Medal, and Expert
Marksmanship Badge with (Rifle Bar).  However, it does not show the BSM,
AGCM or the Purple Heart.

6.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number
4708, dated 28 April 1970 shows that the applicant was awarded the BSM.

7.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number
6116, dated 1 June 1970 shows that the applicant was awarded the AGCM for
the period 30 June 1967 to 22 June 1970.

8.  Item 40 (Wounds) of the applicant's DA Form 20 shows no entry.

9.  There are no general orders in the available records which show the
applicant was awarded the Purple Heart.

10.  There are no medical records in the applicant's official military
personnel file to show he was injured as a result of hostile action or to
show he was treated for an injury sustained as a result of hostile action.

11.  A review of the Republic of Vietnam Casualty Files does not show the
applicant's name listed among those wounded.




12.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also provides that there
are no time limitations on requests for award of the Purple Heart.

13.  Army Regulation 600-8-22, paragraph 2-8 (3) states, in pertinent part,
that when contemplating an award of the Purple Heart, the key issue that
commanders must take into consideration is the degree to which the enemy
caused the injury.  The fact that the applicant was participating in direct
or indirect combat operation is a necessary prerequisite, but is not sole
justification for award.  Paragraph (5) (g) of this same regulation states,
in pertinent part, that an example of an injury or wound which clearly does
not qualify for award of the Purple Heart is an accident, to include
explosive, aircraft, vehicular, and other accidental wound not related to
or caused by enemy action.

14.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register), lists the unit awards received by units
serving in the Republic of Vietnam.  This document shows the unit, to which
the applicant was assigned, HHC and Band Support Command, 101st Airborne
Division (Airmobile), was cited for an award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 8, dated 1974, and Republic of Vietnam Civil Actions
Honor Medal, First Class Unit Citation based on Department of the Army
General Orders Number  
48, dated 1971.

16.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credits.

17.  Appendix B of Army Regulation 600-8-22 Military Awards shows that
based on the applicant's dates of service in the Republic of Vietnam, he
participated in the Vietnam Summer-Fall 1969 (9 June 1969 to 31 October
1969), and the Vietnam Winter-Spring 1970 (1 November 1969 to 30 April
1970).  This same regulation states that a bronze service star will be
awarded for wear on the Vietnam Service Medal for participation in each
campaign.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the award of the BSM, AGCM, and the award
of Purple Heart be added to his records.

2.  There are no general orders that show the applicant was awarded the
Purple Heart.  There is no evidence in his available records which show he
was injured as a result of hostile action or treated by a medical officer.
Also, his name does not appear on the Republic of Vietnam Casualty Files.

3.  However, if the applicant did receive an injury while trying to assist
a stalled jeep as he returned from a night patrol, it would be an injury
sustained by an accident, which does not meet the criteria for award of the
Purple Heart.  Therefore, he is not entitled to award of the Purple Heart.

4.  The applicant's accident report and line of duty investigation was not
found in the applicant's official military service records.

5.  Orders show that the applicant was awarded the BSM.  Therefore, he is
entitled to correction of his records to show this award.

6.  Orders show that the applicant was awarded the AGCM for exemplary
behavior, efficiency and fidelity for the period 30 June 1967 to 22 June
1970.  Therefore, he is entitled to correction of his records to show this
award.

7.  Orders show that HHC, and Band Support Command, 101st Airborne Division
(Airmobile), was cited for the award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor
Medal, First Class Unit Citation.  Therefore, he is entitled to correction
of his records to show these foreign awards.

8.  Evidence of records show that the applicant was assigned to a unit that
participated in two campaigns.  Therefore, he is entitled to correction of
his records to show two bronze service stars to be affixed to his Vietnam
Service Medal.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 May 1970.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on  
5 May 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:

________  ________  ________  GRANT FULL RELIEF

___jcr___  ___dwt __  ___rws__  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 applicant concerned be corrected by showing award of the
Bronze Star Medal, Army Good Conduct Medal first award for the period 30
June 1967 to 22 June 1970, Republic of Vietnam Gallantry Cross with Palm
Unit Citation, Republic of Vietnam Civil Actions Honor Medal, First Class
Unit Citation, and two bronze service stars to be affixed to the Vietnam
Service Medal.

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
award of the Purple Heart.




                            ________Jeffrey C. Redmann___________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004640                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061116                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]