RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 March 2007
      DOCKET NUMBER:  AR20060010897


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Larry Racster                 |     |Member               |
|     |Mr. Rodney 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 that the Bronze Star Medal and the Purple Heart
be included on his Report of Transfer or Discharge (DD Form 214).

2.  The applicant states that he was awarded the Bronze Star Medal and the
Purple Heart; however, they were erroneously omitted from his DD Form 214.

3.  The applicant provides in support of his application a copy of the
certificate awarding him the Bronze Star Medal and a copy of the
certificate awarding him the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 April 1971.  The application submitted in this case is
dated 24 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.  On 2 April 1968, he enlisted in the Army in Charlotte, North Carolina,
for 3 years, in the pay grade of E-1.  He successfully completed his
training as a light weapons infantryman.  On 8 November 1968, he was
transferred to Vietnam.

4.  The applicant returned to the Continental United States (CONUS) on 20
April 1969 and he was assigned to Fort Bragg, North Carolina.  He was
transferred to Vietnam for a second tour of duty on 6 September 1970.

5.  The applicant's Enlisted Qualification Record (DA Form 20) indicates
that while he was in the Army, he was awarded the National Defense Service
Medal, the Parachutist Badge, the Vietnam Service, the Combat Infantryman
Badge, the Army Commendation Medal, the Republic of Vietnam Campaign Medal
with

Device 1960, and two Overseas Service Bars.  The remarks section of his DA
Form 20 also indicates that he received fragment wounds to both of his legs
on 21 September 1970.

6.  The applicant's United States Field Medical Card (DD Form1380)
indicates that the applicant was serving in the rank of specialist (E-4)
when he was diagnosed as having multiple fragment wounds to his legs and
face after being injured on 21 September 1970 as a result of enemy action.


7.  A review of the Vietnam Casualty Roster shows that the applicant was
wounded on 21 September 1970 as a result of enemy action.  The applicant
also submits a certificate showing that he was furnished the Purple Heart
on 5 October 1970 for wounds received in action on 21 September 1970.
However, a review of his records fails to show the orders that were
published awarding him the Purple Heart.

8.  The applicant returned to CONUS on 20 February 1971 and he was assigned
for Fort Lewis, Washington.

9.  Orders were published on 18 March 1971 awarding the applicant the
Bronze Star Medal for meritorious achievement in connection with military
operations against a hostile force for the period covering April 1970
through March 1971, while in Vietnam, serving in the rank of sergeant (E-
5).

10.  The applicant was honorably released from active duty on 13 April
1971, under the provisions of Army Regulation 635-200, chapter 5, as an
overseas returnee.  He had completed 2 years, 11 months, and 22 days of net
active service.

11.  Army Regulation 600-8-22 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 are no time limitations for requests
for award of the Purple Heart.

12.  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 show the unit to which the applicant was
assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 20 July 1965 to 28 March 1973 by Department of the
Army General Orders 8, dated 1974.
DISCUSSION AND CONCLUSIONS:

1.  It appears that the Bronze Star Medal and the Purple Heart were
erroneously omitted from the applicant's DD Form 214.

2.  The records indicate that he was awarded the Bronze Star Medal for
meritorious achievement in connection with military action.  The orders
were published on 18 March 1971.  Therefore, his DD Form 214 should be
amended to reflect his award of the Bronze Star Medal.

3.  Although there are no orders in his records indicating that he was
awarded the Purple Heart, his DD Form 1380 and the Vietnam Casualty Roster
both indicate that he was wounded on 21 September 1970 as a result of enemy
action.  The applicant has also provided a copy of the certificate that
shows that he was awarded the Purple Heart on 5 October 1970 for the wounds
that he received on 21 September 1970.  Therefore, his DD Form 214 should
be amended to reflect his award of the Purple Heart.

4.  In accordance with the applicable regulation, the applicant is also
entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  Therefore, his record should be corrected to reflect this
decoration.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 April 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 12 April 1974.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

__MP ___  __LR ___  __RB ___  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 showing his entitlement to award of
the Bronze Star Medal, the Purple Heart, and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.




                            ____Margaret Patterson______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010897                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070315                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  60                  |107.0014/BRONZE STAR MEDAL              |
|3.  61                  |107.0015/PURPLE HEART                   |
|4.  140                 |107.0000/RVGC W/PALM UNIT CITATION      |
|5.                      |                                        |
|6.                      |                                        |


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