RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2007
      DOCKET NUMBER:  AR20060009239


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Roland Venable                |     |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 the Purple Heart be added to his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was injured and he never received the Purple
Heart.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 February 1970.  The application submitted in this case is
dated 20 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 into the Army on 3 May 1968.  He completed
basic combat training at Fort Dix, New Jersey and was reassigned to Fort
Knox, Kentucky for advanced individual training (AIT).  At the completion
of AIT, he was awarded military occupational specialty 11D (Armor
Intelligence Specialist).  He was assigned to Vietnam on 25 February 1969
with Troop B, 3rd Squadron, 5th Cavalry, 9th Infantry Division.

4.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification
Record) shows he sustained a fragment wound to his head on 13 June 1969.
His name is listed on the Vietnam Casualty Roster.

5.  He was promoted to sergeant on 30 September 1969.

6.  The applicant departed Vietnam on 22 February 1970 and received credit
for participation in three campaigns.

7.  The applicant underwent a separation physical examination on 23
February 1970.  His Report of Medical Examination shows he had a scar on
the left side of his face from a fragment wound.

8.  The applicant was honorably released from active duty on 23 February
1970.  He completed 1 year, 9 months, and 21 days of active military
service with no days of lost time.

9.  His DD Form 214 shows he was awarded the National Defense Service
Medal, the Bronze Star Medal, the Combat Infantryman Badge, the Expert
Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal,
the Republic of Vietnam Campaign Medal, two Oversea Service Bars, and the
Army Commendation Medal.

10.  His DA Form 20 shows he received conduct and efficiency ratings of
"excellent" throughout his service.

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 that, at the time of the
applicant's assignment
to Troop B, 3rd Squadron, 5th Cavalry, it was cited for award of the
Valorous Unit Award by Headquarters, Department of the Army General Orders
(DAGO) Number 28, dated 1969.

12.  Headquarters, DAGO Number 8, dated 1974, awarded all units which
served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 3rd Squadron, 5th Cavalry, it was cited for
award of the Presidential Unit Citation for actions during the period 10
May 1969 to 21 May 1969 by Headquarters, DAGO Number 9, dated 1979, amended
DAGO 16, dated 1972.

14.  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 is no statute of
limitations on requests for award of the Purple Heart.

15.  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.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the
applicant; however, his name is listed on the Vietnam Casualty Roster.

2.  The applicant’s Enlisted Qualification Record shows he sustained a
fragment wound to his head on 13 June 1969 and his Report of Medical
Examination shows he had a scar on the left side of his face from a
fragment wound. Therefore, this evidence is accepted as sufficient as a
basis for award of the Purple Heart.

3.  It appears that the applicant has met the regulatory requirements for
award of the Army Good Conduct Medal for a qualifying period from 3 May
1968 through 23 February 1970.

4.  The applicant was assigned to a unit during a period it was awarded the
Valorous Unit Award and the Presidential Unit Citation.  Later, all units
in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm
Unit Citation based on DAGO Number 8, dated 1974.  Therefore, these awards
should be added to his DD Form 214.

5.  The applicant received credit for participation in three campaigns
during the Vietnam War.  Therefore, his DD Form 214 should be corrected to
show three bronze service stars for wear on his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 February 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 22 February 1973.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.
BOARD VOTE:

JM______  WP______  RV______  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 on 13 June
1969;

      b.  awarding him the Army Good Conduct Medal for the period 3 May
1968 through 23 February 1970; and

      c.  amending his DD Form 214 to show award of the Purple Heart, the
Army Good Conduct Medal, the Valorous Unit Award, the Presidential Unit
Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
and three bronze service stars for wear on his already awarded Vietnam
Service Medal.




                            John Meixell__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009239                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070117                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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