RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060005612


      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. William Crain                 |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald Lewy                   |     |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 Purple Heart be added to his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was wounded in Vietnam on 4 January 1969 and he
received the Purple Heart while in the hospital.  He states that his DD
Form 214 should reflect his Purple Heart.

3.  The applicant provides a letter from the Department of Veterans
Affairs, Regional Office in Buffalo, New York.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 November 1969.  The application submitted in this case is
dated 5 April 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 into the Army on 20 February 1968.  He
completed basic combat training and advanced individual training (AIT).  At
the completion of AIT, he was awarded military occupational specialty 11C
(Infantry Indirect Fire Crewman).

4.  The applicant was assigned to the 1st Battalion, 22nd Infantry, 4th
Infantry Division in Vietnam on 24 July 1968 as an assistant gunner.

5.  He was promoted to specialist four on 23 November 1968.

6.  Headquarters, 71st Evacuation Hospital, General Orders Number 2,
dated 6 January 1969, awarded the applicant the Purple Heart for wounds he
received on 4 January 1969.




7.  The applicant departed Vietnam on 29 January 1969 and was credited with
participation in two campaigns.

8.  The applicant was released from active duty on 22 November 1969.  He
completed 1 year, 9 months, and 3 days of active military service with no
days of lost time.

9.  His DA Form 20 (Enlisted Qualification Record) shows he received
conduct and efficiency ratings of "excellent" throughout his service.

10.  His DD Form 214 shows he was awarded the National Defense Service
Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal,
the Combat Infantryman Badge, one Overseas Service Bar, two Expert
Marksmanship Qualification Badges with Rifle Bar, and the Marksman
Marksmanship Qualification Badge with Pistol Bar.

11.  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 1st Battalion, 22nd Infantry, this unit was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation by Department of the Army General Orders Number 53, dated 1970.

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 1st Battalion, 22nd Infantry, this unit
was cited for award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation by Department of the Army General Orders Number 54, dated
1974.

13.  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.

14.  Army Regulation 600-8-22, 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.
DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Purple Heart for
wounds he received on 4 January 1969.  Therefore, the Purple Heart should
be added to his DD Form 214.

2.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 20 February
1968 through 22 November 1969.

3.  The applicant was assigned to a unit during a period it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  Therefore, these awards should be added to his DD Form 214.

4.  The applicant received credit for participation in two campaigns during
the Vietnam War.  Therefore, his DD Form 214 should be amended to show two
bronze service stars for wear on his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 November 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 21 November 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:

WC______  AM______  DL______  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  awarding him the Army Good Conduct Medal for the period
20 February 1968 through 22 November 1969;

      b.  adding the Purple Heart, the Army Good Conduct Medal, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his
DD Form 214; and

      c.  showing two bronze service stars for wear on his already awarded
Vietnam Service Medal.




                                  William Crain_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060005612                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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