RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 April 2007
      DOCKET NUMBER:  AR20060012515


      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      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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, that the Purple Heart (PH) he was
awarded be added to Item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) of his 10 December
1968 separation document (DD Form 214).

2.  The applicant states, in effect, he was awarded the PH for wounds he
received in action in the Republic of Vietnam (RVN) on 12 May 1966;
however, the PH is not included in the list of awards contained in Item 24
of his DD Form 214.

3.  The applicant provides the following documents in support of his
application:  PH Certificate; DD Form 214, dated 10 December 1968; and DD
Form 215 (Correction to DD Form 214), dated 24 January 1973.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 10 December 1968, the date of his separation.  The
application submitted in this case is dated 24 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's record shows that he initially enlisted in the Regular
Army on 10 July 1964.  He was initially awarded military occupational
specialty (MOS) 12A (Pioneer), and served for 1 year, 5 months, and 1 days
until
10 December 1965, at which time he was honorably discharged for the purpose
of immediate reenlistment.  On 11 December 1965, he reenlisted for 3 years.


4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he was
awarded MOS 64B (Heavy Vehicle Driver) on 26 November 1966 and MOS 13B
(Field Artillery Crewman) on 21 March 1968.  It also shows he served in the
RVN from 1 March 1966 through 16 May 1966, at which time he was medically
evacuated to the 106th General Hospital.
5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows
that during his RVN tour, he was assigned to Company B, 2nd Battalion, 28th
Infantry Regiment, performing duties in MOS 11B as a rifleman and radio
telephone operator.  Item 40 (Wounds) contains an entry showing that he
received fragmentation wounds to both legs in the RVN on 12 May 1966.

6.  On 10 December 1968, the applicant was honorably separated after
completing a total of 4 years, 5 months, and 1 day of active military
service.  The DD Form 214 he was issued at the time shows he earned the
following awards during his active duty tenure:  National Defense Service
Medal; Armed Forces Expeditionary Medal; Vietnam Service Medal (VSM) with 2
bronze service stars; RVN Campaign Medal with 60 Device; Combat Infantryman
Badge; and Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  The applicant provides PH Certificate, dated 14 May 1966, which shows
he was awarded the PH for being wounded in action, while serving as a
private first class in the RVN, on 12 May 1966.

8.  During the processing of this case, a member of the staff of the Board
reviewed the Department of the Army Vietnam Casualty Roster.  The roster
contains an entry pertaining to the applicant that confirms he was wounded
in action in the RVN on 12 May 1966.

9.  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 in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, this treatment must be supported by medical treatment records that
were made a matter of official record.

10.  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 (2nd Battalion, 28th Infantry
Regiment) received the RVN Gallantry Cross with Palm Unit Citation and RVN
Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in action in
the RVN on 12 May 1966, as evidenced by an entry in Item 40 of his DA Form
20, and an entry on the Vietnam Casualty Roster.  These official records
entries corroborate the information contained on the PH Certificate, dated
14 May 1966, provided by the applicant, which shows he was awarded the PH
for being wounded in action in the RVN on 12 May 1966.  Therefore, it would
be appropriate to add the PH to the list of awards in Item 24 of his DD
Form 214 at this time.

2.  The evidence of record also confirms that based on his service in the
RVN, he is also entitled to the RVN Gallantry Cross with Palm Unit Citation
and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, it
would also be appropriate to show his entitlement to these awards.

BOARD VOTE:

___WDP   __WFC__  __DED__  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 amending Item 24 of his 10 December
1968 DD Form 214 by adding the Purple Heart, Republic of Vietnam Gallantry
Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation; and by providing him a correction to his
separation document that includes these changes.




                                  __William D. Powers___
                                           CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060012515                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/26                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/12/10                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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