RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2007
      DOCKET NUMBER:  AR20060011338


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Roland S. Venable             |     |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 award of the Purple Heart.

2.  The applicant states that his wounds were overlooked when he was
discharged.

3.  The applicant provides a Standard Form (SF) 519 (Radiographic Reports),
dated 4 October 1968; and an SF 600 (Chronological Record of Medical Care),
dated October/November 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 October 1969.  The application submitted in this case
was received on 10 August 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 into the Army on 18 October 1967.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11C (Infantry Indirect Fire
Crewman).

4.  The applicant arrived in Vietnam and was assigned to Company C, 3d
Battalion, 506th Infantry on 16 April 1968.

5.  The applicant provided an SF 519 that shows he was given an x-ray of
his foot due to “Frag R foot.”  The x-ray revealed a foreign body in the
plantar surface of his right foot.  He received follow-up treatment on 18
October 1968 to have “stitches removed from frag wound on bottom of R
foot.”

6.  Headquarters, 101st Airborne Division General Orders Number 149 dated
   7 January 1969 awarded the applicant the Bronze Star Medal.

7.  The applicant departed Vietnam on 28 March 1969 after participating in
four campaigns.

8.  The applicant was honorably released from active duty on 17 October
1969 after completing 2 years of creditable active service with no time
lost.  His DD Form 214 shows he was awarded the National Defense Service
Medal, the Vietnam Service Medal with bronze service star (sic), the
Republic of Vietnam Campaign Medal with device 1960, the Combat Infantryman
Badge, the Army Commendation Medal, and the Sharpshooter Marksmanship
Qualification Badge.

9.  The applicant’s name is not listed on the Vietnam Casualty Roster.
Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not
show he was wounded.

10.  The applicant’s records contain no derogatory information and his
conduct and efficiency were rated as “excellent” throughout his term of
service.

11.  Army Regulation 600-8-22 (Military Awards) states 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.  When contemplating an award of the Purple Heart, the key
issue commanders must take into consideration is the degree to which the
enemy caused the injury.  The fact the proposed recipient was participating
in direct or indirect combat operations is a necessary prerequisite, but is
not sole justification for award.

12.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation.  This regulation states that authorized bronze service stars
will be worn on the appropriate campaign or service medal including the
Vietnam Service Medal.

13.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated 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

14.  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 that, at the time of the
applicant's assignment to the 3d Battalion, 506th Infantry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 19 July 1968 through       14 May 1969 by
Department of the Army General Orders (DAGO) Number        60 dated 1970.

15.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 3d Battalion, 506th Infantry, it was
cited for award of the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation for the period 18 March 1968 through May 1970 by DAGO
Number 48 dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant provided medical evidence to show he was treated
for a fragment wound to his right foot, there is no evidence of record to
show the wound was the result of enemy action.  Regrettably, in the absence
of evidence to show the wound was the result of enemy action, the medical
documents are insufficient evidence on which to grant the relief requested.

2.  The applicant was honorably released from active duty after completing
       2 years of creditable active service with no lost time, with no
derogatory information in his records, and with his conduct and efficiency
having been rated as “excellent” throughout his term of service.  It
appears he met the eligibility criteria for award of the Army Good Conduct
Medal.

3.  The applicant was awarded the Bronze Star Medal.  This award should be
added to his DD Form 214.

4.  The applicant was credited with participating in four campaigns while
in Vietnam.  His DD Form 214 should be amended to show he is authorized to
wear four bronze service stars on his already-awarded Vietnam Service
Medal.

5.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  These unit awards should be added to his DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 October 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         16 October 1972.  Although the applicant did
not file within the 3-year 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:

________  ________  ________  GRANT FULL RELIEF

__jea___  __swf___  __rsv___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 Army Good Conduct Medal (First Award) for the
period 18 October 1967 through 17 October 1969; and

     b.  amending his DD Form 214 to add the Bronze Star Medal, the Army
Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation and to show he is authorized to wear four bronze service
stars on his already-awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                            __James E. Anderholm__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011338                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070306                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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