RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060004840


      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 L. 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, in effect, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
the award of the Purple Heart.

2.  The applicant states, in effect, that he should have been awarded the
Purple Heart; however, the proper documentation was omitted from his
personnel file at the time of separation.  He also states that the
correction will help him to receive placement in the correct VA [Department
of Veterans Affairs] Health Care priority group.

3.  The applicant provides, in support of his application:

     a.  a copy of his DD Form 214;

     b.  a copy of a Western Union Telefax; and

     c.  a copy of an unsigned letter from the Department of the Army,
Office of the Adjutant General, dated 13 December 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 October 1968, the date of his release from active duty.  The
application submitted in this case is dated 24 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 29 October
1965.
He completed basic combat training and advanced individual training and was
awarded the military occupation specialty 94D2O (Bread Baker).  He served
with the 506th Quartermaster Company (Direct Support) in the Republic of
Vietnam during the period 25 April 1966 to 6 August 1966.


4.  He served with Headquarters and Headquarters Company, 266th Supply and
Service Battalion in the Republic of Vietnam during the period 7 August
1966 to 25 September 1966.  He also served with Headquarters and
Headquarters Company, 277th Supply and Service Battalion in Republic of
Vietnam during the period 26 September 1966 to 1 January 1968.  The
applicant was honorably separated from active duty on 28 October 1968.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows the National Defense Service Medal, Vietnam Service Medal, Republic
of Vietnam Campaign Medal with 60 Device, 3 Overseas Service Bars, and the
Marksmanship Qualification Badge with Rifle Bar.  However, it does not show
the award of the Purple Heart.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) shows no entry.

7.  An unsigned letter from the Department of the Army, Office of the
Adjutant General, dated 13 December 1968, states that the applicant was
awarded the Purple Heart.

8.  A review of the Republic of Vietnam Casualty Roster shows the
applicant's name was listed among those wounded.  The applicant's entry
contains the injury code "23" which indicates hostile wounded in action
"not serious hospitalized" in the Republic of Vietnam.  The roster further
shows that the applicant sustained these injuries on 3 January 1967.

9.  The applicant provided a copy of a Western Union Telefax, dated 4
January 1967.  This telefax informed the applicant's next of kin that the
applicant was "slightly wounded in action in the Republic of Vietnam on 3
January 1967 as a result of hostile action."

10.  Army Regulation 672-5-1 (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.



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

12.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that the Army Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency, and fidelity during a qualifying
period of active duty enlisted service.  After 27 June 1950, to the present
time, the current standard for award of the Army Good Conduct Medal is 3
years of qualifying service, but as little as one year is required for the
first award in those cases when the period of service ends with the
termination of Federal military service.  While any record of nonjudicial
punishment could be in conflict with recognizing the Soldier's service as
exemplary, such record should not be viewed as automatically disqualifying.
 Although there is no automatic entitlement to the Army Good Conduct Medal,
disqualification must be justified.

13.  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, the 506th Supply and Service Company (Direct
Support), was cited for award of the Valorous Unit Award based on
Department of the Army General Orders Number 28, dated 1969 and the
Meritorious Unit Commendation based on Department of the Army General
Orders Number 39, dated 1970.

14.  Department of the Army Pamphlet 672-3 shows the unit, to which the
applicant was assigned, Headquarters and Headquarters Company, 277th Supply
and Services Battalion, was cited for award of Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 48, dated 1971.

15.  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 credit.

16.  Appendix B of Army Regulation 600-8-22 shows that based on the
applicant's dates of service in the Republic of Vietnam, he participated in
the Vietnam Counteroffensive (25 December 1965 – 30 June 1966), Vietnam
Counteroffensive Phase II (1 July 1966 – 31 May 1967), and the Vietnam
Counteroffensive Phase III (1 June 1967 – 29 January 1969) campaigns.  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 contends that he is entitled to award of the Purple
Heart.

2.  The Republic of Vietnam Casualty Roster shows the applicant sustained
wounds as a result of hostile action on 3 January 1967.  This is sufficient
evidence to meet the criteria for award of the Purple Heart.  Therefore,
the applicant is entitled to award of the Purple Heart for wounds sustained
on  
3 January 1967 while in the Republic of Vietnam and correction of his
records to show this award.

3.  Records show he is entitled to the first award of the Army Good Conduct
Medal for the period 29 October 1965 to 28 October 1968 based on completion
of a period of qualifying service of three years ending with the
termination of a period of Federal military service.  His records do not
contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.  Therefore he is entitled to
correction to show this award.

4.  Orders show the applicant is authorized the award of the Valorous Unit
Award.  Therefore, the applicant is entitled to correction of his records
to show this unit award.

5.  Orders show the applicant is authorized the award of the Meritorious
Unit Commendation.  Therefore, the applicant is entitled to correction of
his records to show this unit award.

6.  Orders show the applicant is authorized the award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant
is entitled to correction of his record to show this foreign unit award.

7.  Evidence of records show the applicant was awarded the Vietnam Service
Medal, and participated in three campaigns during his service in the
Republic of Vietnam.  Therefore, the applicant is entitled to award of
three bronze service stars to be affixed to his Vietnam Service Medal.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 October 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
27 October 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 are no time limitations on requests for award of
the Purple Heart


BOARD VOTE:

___jcr____  ___dwt _  ____rws__  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 waive failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected to show award of the Purple Heart for
wounds sustained in the Republic of Vietnam on 3 January 1967, Army Good
Conduct Medal for the period 29 October 1965 to 28 October 1968, Valorous
Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and three bronze service stars to be affixed
to his already-awarded Vietnam Service Medal.




                            ________Jeffrey C. Redmann_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004840                           |
|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          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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