RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2006
      DOCKET NUMBER:  AR20060009032


      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             |
|     |Mr. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Peter B. Fisher               |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to add the Purple
Heart.

2.  The applicant states that he received fragment wounds to the chest in
February 1967.  He indicates he is sending proof of wounds.  He has no
record of receiving the Purple Heart which he states he received later in
1967 from General Westmoreland.

3.  The applicant provides:

      a.  A copy of a page from his DA Form 20 (Enlisted Qualification
Record).

      b.  A personal statement dated 22 May 2006.

      c.  An 18 May 2006 statement from a former comrade-in-arms.

      d.  A Privacy Act Release for a Member of Congress dated 7 July 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 December 1967.  The application submitted in this case
is dated 22 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.  On 21 December 1965, the applicant was inducted into the Army of the
United States for a period of 2 years.  He completed Basic Combat Training
(BCT) and Advanced Individual Training (AIT).  Upon graduation he was
awarded military occupational specialty (MOS) 11B40, Light Weapons
Infantryman.

4.  The applicant was assigned to Vietnam from 21 December 1966 to
26 October 1967.  His unit of assignment was Company C, 3rd Battalion, 7th
Infantry, 199th Light Infantry Brigade.

5.  On 21 December 1967, the applicant was honorably released from active
duty and assigned to the U.S. Army Reserve Control Group (Annual Training).
 His DD Form 214 shows he was awarded the National Defense Service Medal,
the Vietnam Service Medal, the Vietnam Campaign Medal, the Expert
Marksmanship Qualification Badge with M-14 Rifle Bar, the Sharpshooter
Marksmanship Qualification Badge with M-16 Rifle Bar, the Expert
Marksmanship Qualification Badge with 81mm Mortar Bar, and the Good Conduct
Medal.  The Combat Infantryman Badge was added with a DD Form 215 on 24
April 2006.  He was subsequently honorably discharged from the U.S. Army
Reserve Control Group (Standby) on 20 December 1971.

6.  The applicant's name appears on the Vietnam Casualty Listing as having
been wounded.  Additionally, Item 40 (Wounds) of his DA Form 20 shows he
was wounded on 2 February 1967 with fragment wounds of the chest.  However,
the applicant's Official Military Personnel File (OMPF) does not contain
any orders awarding him the Purple Heart.

7.  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.  This regulation also provides that there are no time
limitations for requests for award of the Purple Heart.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours will be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

9.  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 show the unit to which the applicant was
assigned was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for
the period 20 July 1965 to 28 March 1973 by Department of the Army General
Orders 8, dated 1974.

10.  On 24 April 2006, the National Personnel Records Center (NPRC), St.
Louis, Missouri advised the applicant's Member of Congress that he was
entitled to all of the awards shown on his DD Form 214 and DD Form 215.
NPRC further advised that the actual medals would be forwarded to the
applicant from U.S. Army Tank-Automotive and Armaments Command,
Philadelphia, Pennsylvania.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name appears on the Vietnam Casualty Listing as having
been wounded and there is also an entry in Item 40 (Wounds) attesting to
the fact he was wounded.  The applicant indicates he was personally awarded
the Purple Heart by General Westmoreland.  Even though orders cannot be
found, evidence of record supports the applicant was wounded and the Board
accepts he was awarded the Purple Heart.  Therefore, he is entitled to have
a correction of his records to show this award and to have it added to his
DD Form 214.

2.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is
entitled to a correction of his records to show award of this foreign unit
award.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 December 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 December 1970.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
or argument, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

__pbf___  __tmr___  __jcr___  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.  Issuing orders awarding the applicant the Purple Heart for wounds
received on 2 February 1967 to supersede any previously issued orders that
may have been published; and

      b.  Adding the Purple Heart and the Republic of Vietnam Gallantry
Cross with Palm Unit Citation to his DD Form 214 of 21 December 1967.



                                  Peter B. Fisher
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009032                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0094                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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