RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060005909


      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:

|     |Ms. Melinda Darby                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Ronald Gant                   |     |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, award of the Purple Heart.

2.  The applicant states, in effect, that he received wounds to his left
elbow in Vietnam in mid June 1970.

3.  The applicant provides documentation from the Department of Veterans
Affairs.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 February 1971.  The application submitted in this case is
dated 15 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 on 26 February 1969.  He arrived in Vietnam
on 27 July 1969.  He served as a light weapons infantryman assigned to
Headquarters and Headquarters Company, 1st Battalion, 327th Infantry in
Vietnam from 13 August 1969 through 26 July 1970.  On 25 February 1971, the
applicant was released from active duty.

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the
National Defense Service Medal, the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal with Device 1960, the Combat Infantryman Badge, the
Army Commendation Medal, two awards of the Overseas Service Bar, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized
awards.

5.  There are no orders for the Purple Heart in the applicant’s service
personnel records.  However, the Vietnam Casualty Roster shows he was
wounded in action on 20 June 1970.



6.  Headquarters, 212th Field Artillery Group General Orders Number 11,
dated
2 February 1971, show the applicant received the first award of the Good
Conduct Medal.

7.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

8.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

9.  Department of the Army Pamphlet 672-3 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 Civil Actions Honor Medal
First Class Unit Citation based on Department of the Army General Orders
Number 48, dated 1971.

10.  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.

11.  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.  The entry on the Vietnam Casualty Roster which shows the applicant was
wounded in action on 20 June 1970 in Vietnam is accepted as sufficient
evidence on which to base award of the Purple Heart and correction of his
DD Form 214.

2.  Orders show the applicant received the Good Conduct Medal.

3.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

5.  The applicant’s unit was cited for award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation while he was assigned
to it.

6.  Records show the applicant should have discovered the alleged error now
under consideration on 25 February 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 24
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:

MD____  ___JR___  __RG____  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 in action on
20 June 1970 in Vietnam; and

      b.  amending his DD Form 214 to add the Purple Heart, the Good
Conduct Medal, the Vietnam Service Medal with four bronze service stars,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



                            ____Melinda Darby ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005909                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061019                                |
|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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