RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 March 2007
      DOCKET NUMBER:  AR20060010420


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Mr. Rodney E. Barber              |     |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, in effect, correction of his records to show
award of the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart
at the 24th Evacuation Hospital in Japan by General Westmoreland on 16
March 1967.

3.  The applicant provides a copy of a Clinical Record Cover Sheet (DA Form

8-275-2), and a copy of his Armed Forces of The United States Report of
Transfer or Discharge (DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 November 1967, the date of his release from active duty.
The application submitted in this case is dated 7 July 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's military records were not available to the Board for
review.  A fire destroyed approximately 18 million service members' records
at the National Personnel Records Center in 1973.  It is believed his
records were lost in that fire.  However, there are sufficient documents in
the reconstructed record to allow the Board to conduct a fair and impartial
review of the case.

4.  The applicant's military service records show that he was inducted into
the Army of the United States on 25 January 1966.  Upon completion of basic
combat training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 11C (Infantryman Indirect Fire
Crewmember).  The highest grade he attained was pay grade E-5.



5.  The applicant’s Enlisted Qualification Records (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 20 December 1966 through
19 November 1967.  It further shows that he participated in the Vietnam
Counteroffensive Phase I campaign.

6.  The applicant’s military record further shows that during his tour in
Vietnam, he was medically evacuated to the 24th Evacuation Hospital in
Zana, Japan for fragment wounds to his right upper arm and fragment wounds
to the right buttock.

7.  There are no orders in the applicant’s service personnel record which
show that he was awarded the Purple Heart.  His DA Form 20 does not show an
entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and
Decorations).  However, the applicant's records contain a copy of
Headquarters, U.S. Army Vietnam, casualty message, date-time group 161854Z
March 1967, which shows, in pertinent part, that the applicant was wounded
as a result of hostile action in Vietnam on 15 March 1967, that the
applicant received gunshot wounds in the right arm and buttocks while on a
search and destroy operation when he was hit by hostile small arm fire.

8.  A Western Union Telegram, addressed to the applicant's parents,
notified them that their son was wounded in action in Vietnam on 15 March
1967 as a result of hostile action.  In support of his application, the
applicant provides a copy of his Clinical Record Cover Sheet (DA Form 8-275-
2), which shows that he was admitted into a military hospital for wounds to
the buttock and the right arm.

9.  On 24 November 1967, the applicant was honorably transferred to the
United States Army Reserves (USAR) at the expiration of his term of
service.  The DD Form 214 he was issued at this time indicates he earned
the following awards during his active duty tenure:  the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the
Combat Infantryman Badge (M-14).  The Purple Heart was not included in the
list of authorized awards contained on the applicant’s DD Form 214.

10.  In connection with the processing of this case, the Department of the
Army Vietnam Casualty List was reviewed.  The applicant’s name is listed as
an RVN casualty on this roster.

11.  A review of the applicant's records reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.
12.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.  There is no statute of limitations governing requests
for award of the Purple Heart.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.

14.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Although, the applicant’s record is void of the specific facts and
circumstances, there are sufficient documents in the reconstructed record
to allow the Board to conduct a fair and impartial review of the case.

2.  The applicant’s claim of entitlement to the Purple Heart was carefully
considered and found to have merit.  By regulation, in order to award the
Purple Heart it is necessary to establish that a Soldier was wounded as a
result of enemy action, that the wound required treatment by a medical
officer, and that the record of medical treatment was made a matter of
official record.

3.  The applicant’s claim is corroborated by medical evidence and evidence
which he provided.  It includes a copy of the Clinical Record Cover Sheet
(DA Form 8-275-2) and a Western Union telegram which shows he was injured
as the result of hostile action.  Additionally, the applicant’s name is
listed on the Vietnam Casualty Roster.  As a result, it is concluded the
regulatory burden of proof necessary to support award of the Purple Heart
has been satisfied in this case.

4.  The preponderance of the documentary evidence of records shows that the
applicant was wounded in Vietnam on 15 March 1967 as a result of hostile
action.  Therefore, he is entitled to correction of his records to show
award of the Purple Heart.
5.  Records show that the applicant served in one campaign in Vietnam.
Therefore, he is entitled to correction of his records to show award of one
bronze service stars to be affixed to his Vietnam Service Medal.

6.  The evidence shows that based on his RVN service and campaign
participation, the applicant is entitled to the RVN Gallantry Cross with
Palm Unit Citation.  Therefore, it would be appropriate to correct his
records to show this foreign unit award.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 November 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
23 November 1970.  Although the request was not submitted within the
ABCMR’s statute of limitations; it is appropriate to waive failure to
timely file based on the fact that there is no statute of limitations on
requests for award of the Purple Heart.

BOARD VOTE:

__MKP__  ___LWR_  ___REB _  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 the applicant the Purple Heart for wounds received in
action on 15 March 1967 in the Republic of Vietnam;

      b.  deleting the Vietnam Service Medal; and



      c.  adding the Purple Heart, Vietnam Service Medal with one bronze
service star, and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation to the applicant’s DD Form 214.




                            ____Margaret K. Patterson_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/03/15                              |
|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. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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