RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2006
      DOCKET NUMBER:  AR20060006562


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Peguine Taylor                |     |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) to show award of the Purple Heart.

2.  The applicant states that he was wounded in Vietnam and did not receive
the Purple Heart.

3.  The applicant provides a statement, dated 22 October 2004, from his
company commander at the time in question; an eyewitness statement, dated
   22 August 2005, from a fellow Soldier at the time in question; a
Department of Veterans Affairs letter, dated 30 September 2002; two special
orders; and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
6 January 1969.  The application submitted in this case is dated 27 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 7 June 1967.  He arrived in Vietnam on
6 November 1967.  He served as a field artillery basic crewman assigned to
Battery C, 7th Battalion, 15th Artillery in Vietnam from 14 November 1967
through 3 January 1969.  On 6 January 1969, the applicant was released from
active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Good Conduct Medal, the Vietnam Service Medal, the Republic of Vietnam
Campaign Medal with Device 1960, two awards of the Overseas Service Bar,
and the Expert Marksmanship Qualification Badge with Rifle Bar as
authorized awards.

5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.
6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

7.  In support of his claim, the applicant provided a statement, dated 22
October 2004, from his company commander at the time in question.  This
retired captain attests that the applicant served under his command in
Battery C, 7th Battalion, 15th Artillery in Vietnam.  He states that on 29
April 1968 the howitzer on which the applicant was riding hit a land mine
and threw the applicant off the vehicle.  He also attests that “In my
evaluation [the applicant’s name] seemed to be disoriented and suffering
from some balance difficulty and blood was coming out of his ears.  After
being seen by the unit’s medic [the applicant’s name] refused to stand down
from duty and return to his gun.  Due to the wounds incurred by SP4 [the
applicant’s name], I am recommending that he receive the Purple Heart Medal
for incurring wounds in combat action.”

8.  The applicant’s service personnel records contain a DA Form 1049
(Personnel Action), dated 29 August 1968, which appears to be signed by the
company commander who provided the above mentioned statement.

9.  The applicant also provided an eyewitness statement, dated 22 August
2005, from the driver of the howitzer at the time in question.  He attests
that the howitzer he was driving hit a landmine which blew the right track
wheel loose.  He also attests that the applicant was on the howitzer with
him.

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

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) 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 Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 54, dated 1974.

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, and the medical treatment must have been made a matter of
official record.



13.  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 statements of individuals are normally inadequate as the sole basis
for an award of the Purple Heart because they do not fulfill the regulatory
requirement that there be a record of medical treatment.  However, in this
case, the statement provided by the applicant's company commander at the
time in question confirms that the applicant was wounded in action on 29
April 1968 in Vietnam.  Therefore, this statement is accepted as sufficient
as a basis for award of the Purple Heart in this case.

2.  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.

3.  The applicant’s unit was cited for the Republic of Vietnam Gallantry
Cross with Palm Unit Citation while he was assigned to it.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 6 January 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 5
January 1972.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

CG_____  __TR___  _PT_____  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
29 April 1968 in Vietnam; and

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




                            ___Curtis Greenway____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006562                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061114                                |
|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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