RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         15 August 2006
      DOCKET NUMBER:  AR20060001049


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, his separation document (DD Form 214)
does not reflect the PH he is entitled to.

3.  The applicant provides a Chronological Record of Medical Care (SF 600)
and Sick Slip (DD Form 1380) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 21 March 1968, the date of his separation from active
duty.  The application submitted in this case is dated 14 January 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 record shows that he enlisted in the Regular Army and
entered active duty on 22 March 1965.  He was trained in, awarded, and
served in military occupational specialty (MOS) 67N (Helicopter Repairer),
and the highest rank he attained while serving on active duty was
specialist five (SP5).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 3 July 1966 through 6 July
1967.  Item 38 (Record of Assignments) shows that during his RVN tour, he
was assigned to the 170th Aviation Company, performing duties in MOS 67N as
a helicopter mechanic.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains an
SF 600 that shows on 7 January 1967, the applicant was treated for shrapnel
wounds to the back of both his legs.

6.  The applicant's MPRJ also contains a copy of Headquarters, 4th Infantry
Division General Orders (GO) Number (#) 840, dated 6 May 1967, which
awarded him the Army Commendation Medal (ARCOM) with "V" (Valor) Device,
for his heroism in connection with military operations against a hostile
force on
7 January 1967, in the RVN.  The reason contained in these orders indicates
that the applicant's heroic actions took place after he was wounded by
shrapnel fragments during an intensive mortar and small arms attack by
enemy forces.

7.  On 21 March 1968, the applicant was honorably separated after
completing
3 years of active military service.  The DD Form 214 he was issued upon his
separation shows that during his active duty tenure, he earned the
following awards:  ARCOM with "V" Device; Air Medal with 2nd Oak Leaf
Cluster; Army Good Conduct Medal; National Defense Service Medal; Vietnam
Service Medal; RVN Campaign Medal; Aircraft Crewman Badge; and Sharpshooter
Qualification Badge with Rifle Bar.

8.  The applicant provides a DD Form 1380, which confirms he received
shrapnel wounds to his lower legs during a mortar attack on 7 January 1967
in the RVN.

9.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The
applicant's name is included in this list of RVN battle casualties.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent

part, that the PH is awarded to any member who has been wounded or killed
in action.  A wound is defined as an injury to any part of the body from an
outside force or agent sustained under conditions defined by this
regulation.  In order to support awarding a member the PH, it is necessary
to establish that the wound, for which the award is being made, required
treatment by a medical officer.  This treatment must be supported by
records of medical treatment for the wound or injury received in action,
and must have been made a matter of official record.

11.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with while serving in the RVN.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (170 Aviation Company) received
the RVN Gallantry Cross with Palm Unit Citation.  It also shows that during
this period, credit was granted for Vietnam Counteroffensive Phase II and
Vietnam Counteroffensive Phase III campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the PH was carefully
considered and found to have merit.  By regulation, in order to support
award of the PH, there must be evidence that the wound for which the award
is being made was the result of enemy action, that it was treated by
military medical personnel, and a record of this treatment must have been
made a matter of official record.

2.  The evidence of record in this case includes a medical treatment record
that confirms the applicant was treated for shrapnel wounds to his legs
that he received during an enemy mortar and small arms attack on 7 January
1967.  The fact the applicant was wounded during an enemy mortar attack is
further documented in the GO's that awarded him the ARCOM with "V" Device,
and in the DD Form 1380 provided by the applicant.  In addition, the
applicant's name is included on the Vietnam Casualty Roster, the official
DA list of RVN battle casualties.  Therefore, the regulatory burden of
proof necessary to support award of the PH has been satisfied in this case.
 Therefore, it would be appropriate to award the applicant the PH, for
being wounded in action in the RVN on 7 January 1967.

3.  The applicant's record also shows that based on his RVN service and
campaign participation, he is also entitled to the RVN Gallantry Cross with
Palm Unit Citation, and 2 bronze service stars with his VSM.  Therefore, it
would also be appropriate to add these awards to his record at this time.

BOARD VOTE:

___SLP__  __RML__  __JGH__  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 awarding him the Purple Heart for
being wounded in action in the Republic of Vietnam on 7 January 1967; by
showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and 2 bronze service stars with his Vietnam Service Medal;
and by providing him a correction to his separation document that includes
these awards.




                            _____Shirley L. Powell _____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001049                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/03/21                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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