RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060009362


      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 DD Form 214 (Report of
Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states that he has the original citation for the Purple
Heart and a photograph of himself in the hospital being awarded the Purple
Heart.

3.  The applicant provides an award certificate for the Purple Heart and a
photograph of a Soldier in the hospital.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 March 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 on 26 March 1968.  He arrived in Vietnam on
25 August 1968.  He served as an infantryman assigned to the Heavy Mortar
Platoon, 1st Battalion, 16th Infantry of the 1st Infantry Division in
Vietnam from 25 August 1968 until he was wounded in action and transferred
to the United States on 18 October 1968 for further medical treatment.  On
25 March 1970, the applicant was released from active duty in the rank of
specialist four after completing 2 years of creditable active service with
no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the “Vietnam Service Medal with Bronze Service Star,” and the Republic of
Vietnam Campaign Medal with Device 1960 as authorized awards.  His DD Form
214 shows that he was separated on temporary records.

5.  There are no orders for the Purple Heart in the available records.
However, a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 23 January
1969, shows the applicant sustained multiple fragment wounds to his legs as
a result of hostile action when he was hit during a mortar attack on 4
October 1968 in Vietnam.

6.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification
Record) shows that he sustained fragment wounds to both legs on 4 October
1968.   The Vietnam Casualty Roster also shows that he was wounded in
action on 4 October 1968.

7.  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 do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

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

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 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 21, dated 1969.

10.  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 53, dated 1970.

11.  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.

12.  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.
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 medical evidence of record which shows the applicant was wounded as
a result of hostile action on 4 October 1968 in Vietnam is accepted as
sufficient evidence on which to base award of the Purple Heart in this
case. Therefore, the applicant is entitled to award of the Purple Heart and
correction of his DD Form 214 to show award of the Purple Heart.

2.  The applicant was separated in the rank of specialist four with 2 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 26 March 1968 through 25 March 1970 based on
completion of a period of qualifying service ending with the termination of
a period of Federal military service.

3.  The applicant’s DD Form 214 shows the “Vietnam Service Medal with
Bronze Service Star” as an authorized award.  However, he participated in
one campaign during his assignment in Vietnam which entitles him to award
of the Vietnam Service Medal with one bronze service star.

4.  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.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 25 March 1970; therefore, the time for the applicant
to file a request for correction of any error expired on 24 March 1973. 
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 October 1968 in Vietnam;

      b.  awarding him the first award of the Good Conduct Medal for the
period 26 March 1968 through 25 March 1970; and

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



                            __Jeffrey Redmann________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009362                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070118                                |
|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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