RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060008697


      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 correction of his military records to show award
of the Purple Heart.

2.  The applicant states, in effect, that he was wounded in combat during a
firefight in Vietnam on 24 October 1969.  He contends that he was treated
for his wounds and that the shell fragment wound was not documented in his
medical records.

3.  The applicant provides documentation from the Department of Veterans
Administration (DVA); correspondence to the National Personnel Records
Center in St. Louis, Missouri; and a letter, dated 25 October 1969, he
wrote to his wife to be informing her of his injury.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 January 1971.  The application submitted in this case is
dated 12 June 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 6 February 1969.  He arrived in Vietnam
on
7 July 1969.  He served as a light weapons infantryman assigned to Company
C, 1st Battalion, 8th Cavalry of the 1st Cavalry Division in Vietnam from
11 July 1969 through 1 July 1970.  On 15 January 1971, the applicant was
released from active duty in the rank of sergeant after completing 1 year,
11 months, and 10 days of creditable active service with no time lost.

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the
National Defense Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, the Vietnam Service Medal with two bronze service stars, and
the Bronze Star Medal 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 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 DVA documentation which
shows that he was granted service connected disability compensation for a
scar and shell fragment wound residuals of his right thigh.  He also
provided a letter, dated 25 October 1969, he wrote to his wife to be
informing her of his injury.

8.  Headquarters, 1st Air Cavalry Division Special Orders Number 255, dated

12 September 1969, show the applicant received the Combat Infantryman
Badge.

9.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records
show he received conduct and efficiency ratings of “excellent” throughout
his service.

10.  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 the Valorous Unit Award for actions during the period 1 May 1970 to 29
June 1970 based on Department of the Army General Orders Number 43, dated
1972.

11.  Department of the Army Pamphlet 672-3 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 11, dated
1973.

12.  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 42, dated 1972.

13.  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.
14.  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
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records which shows that the
applicant was wounded or injured as a result of hostile action in Vietnam.
In the absence of orders or other evidence of record showing that the
applicant was injured or treated for wounds as a result of hostile action
in Vietnam, the DVA documentation and the 25 October 1969 letter provided
by the applicant is not sufficient as a basis for an award of the Purple
Heart.  Regrettably, there is insufficient evidence on which to base an
award of the Purple Heart in this case.

2.  Orders show the applicant received the Combat Infantryman Badge.

3.  The applicant was separated in the rank of sergeant with almost two
years of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 6 February 1969 through 15 January
1971 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

4.  The applicant's unit was cited for award of the Valorous Unit Award,
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.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 15 January 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 14
January 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:

________  ________  ________  GRANT FULL RELIEF

JR_____  _RB_____  _DT_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 first award of the Good Conduct Medal for the
period 6 February 1969 through 15 January 1971; and

      b. amending his DD Form 214 to add the Good Conduct Medal, the Combat
Infantryman Badge, the Valorous Unit Award, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.



                            __Jeffrey Redmann_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008697                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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