RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060010689


      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, in effect, that the Purple Heart should be shown
in item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) on his DD Form 214.

3.  The applicant provides an award certificate for the Purple Heart and a
copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 September 1969.  The application submitted in this case is
dated 17 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 was inducted on 2 November 1967.  He arrived in Vietnam
on
22 April 1968.  He served as a light weapons infantryman assigned to
Company A, 2nd Battalion, 3rd Infantry of the 199th Infantry Brigade in
Vietnam from 7 May 1968 until he was wounded in action and transferred to
the United States on       4 October 1968 for further medical treatment.
On 11 September 1969, the applicant was permanently retired by reason of
physical disability in the temporary rank of specialist four after
completing 1 year, 10 months, and 10 days 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, the Republic of Vietnam Campaign Medal with
Device 1960, the Combat Infantryman Badge, and the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar as authorized awards.

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 11
September 1969, shows the applicant was injured by hostile forces booby
trap fragments on
21 September 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 21
September 1968.   The Vietnam Casualty Roster also shows that he was
wounded in action on 21 September 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 two campaigns 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 51, dated 1971.

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 31, dated 1971.

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 21 September 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 item 24 on his DD Form 214 to show award of the Purple Heart.

2.  The applicant was permanently retired in the temporary rank of
specialist four with 22 months 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 2 November 1967
through 11 September 1969 based on completion of a period of qualifying
service ending with the termination of a period of Federal military
service.

3.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

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 11 September 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 10
September 1972.  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
21 September 1968 in Vietnam;

      b.  awarding him the first award of the Good Conduct Medal for the
period 2 November 1967 through 11 September 1969; and

      c.  amending item 24 on his DD Form 214 to add the Purple Heart, the
Good Conduct Medal, two bronze service stars 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                 |AR20060010689                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]