RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 November 2006
      DOCKET NUMBER:  AR20060006313


      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. James Gunlicks                |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Edward Montgomery             |     |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) for the period ending 22 November 1968 to show award
of the Purple Heart.

2.  The applicant states that his DD Form 214 should reflect the Purple
Heart.

3.  The applicant provides a copy of his DD Form 214 for the period ending
22 November 1968; his Medical Board Proceedings, dated 19 August 1968; an
award certificate for the Purple Heart; and his Physical Evaluation Board
Proceedings.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 November 1968.  The application submitted in this case is
dated 24 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.  Having prior service in the Army National Guard, the applicant enlisted
in the Regular Army on 16 June 1955.  He remained on active duty through
continuous reenlistments.  He arrived in Vietnam on 9 December 1967.  He
served as an infantryman assigned to Company C, 1st Battalion, 327th
Infantry in Vietnam from 15 December 1967 until he was wounded in action on
13 February 1968 and evacuated to the United States on 22 April 1968 for
further medical treatment.  On 22 November 1968, the applicant was released
from active duty and placed on the Temporary Disability Retired List the
following day.

4.  The applicant’s DD Form 214 for the period ending 22 November 1968
shows the Republic of Vietnam Campaign Medal with Device 1960, the Vietnam
Service Medal, and the Master Parachutist Badge as authorized awards.

5.  Headquarters, William Beaumont General Orders Number 18, dated 23 April
1968, show the applicant received the Purple Heart for wounds received in
action on 13 February 1968 in Vietnam.

6.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

7.  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.

8.  Army Regulation 600-8-22 (Military Awards), 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.  Orders show the applicant received the Purple Heart.

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

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

4.  Records show the applicant should have discovered the alleged error now
under consideration on 22 November 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 21
November 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 is no statute of limitations on requests for award
of the Purple Heart.







BOARD VOTE:

JG_____  _SF_____  __EM____  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 amending his DD Form 214 for the
period ending
22 November 1968 to add the Purple Heart, the Vietnam Service Medal with
three bronze service stars, and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.



                            ____James Gunlicks____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006313                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061102                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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