RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060007562


      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. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Mr. David 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 award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded in Vietnam on 4
January 1968 and received second degree burns while on a combat operation
when he was hit by friendly napalm.

3.  The applicant provides two applications; a copy of his DD Form 214
(Report of Transfer or Discharge); and a letter, dated 26 July 2006, from a
Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
4 June 1969.  The applications submitted in this case are dated 15 March
2006; however, they were received in this office on 31 May 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 31 May 1967.  He arrived in Vietnam on
29 October 1967.  He served as a light weapons infantryman assigned to
Company A, 1st Battalion, 27th Infantry of the 25th Infantry Division in
Vietnam from 31 October 1967 until he was wounded in action and transferred
to Japan on 22 January 1968 for further medical treatment.  On 4 June 1969,
the applicant was released from active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Republic of Vietnam Campaign Medal with Device 1960, the Vietnam
Service Medal, the Combat Infantryman Badge, and the Marksman 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, a Western Union telegram, dated 6 January
1968, shows the applicant was wounded in action on 4 January 1968 as a
result of hostile action (received second degree burns while on a combat
operation when he was hit by friendly napalm).  Item 40 (Wounds) on the
applicant’s DA Form 20 (Enlisted Qualification Record) shows he was wounded
on 4 January 1968.  The Vietnam Casualty Roster also shows that he was
wounded on 4 January 1968.

6.  Records show the applicant participated in one campaign during his
assignment in Vietnam.

7.  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 48, dated 1971.

8.  Department of the Army Pamphlet 672-3 also shows that 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 51, dated 1971.

9.  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.  The regulation also states, for award of the Purple Heart
to individuals wounded or killed as a result of “friendly fire” in the
“heat of battle” as long as the “friendly” projectile or agent was released
with the full intent of inflicting damage or destroying enemy troops or
equipment.

10.  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 Western Union telegram and the entry on the Vietnam Casualty Roster
which show the applicant was wounded in action on 4 January 1968 in
Vietnam, and the later change that provided for award of the Purple Heart
on friendly fire cases, are accepted as sufficient evidence on which to
base an award of the Purple Heart in this case.

2.  The applicant participated in one campaign during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
bronze service star.

3.  The applicant’s unit was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation while he was assigned to it.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 4 June 1969; therefore, the time for the applicant
to file a request for correction of any error expired on 3 June 1972. 
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:

JR_____  __RB____  __DT____  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
4 January 1968 in Vietnam; and

      b.  amending his DD Form 214 to add the Purple Heart, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, and one bronze service
star for wear on his already awarded Vietnam Service Medal.



                            __Jeffrey Redmann_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007562                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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