RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 April 2007
      DOCKET NUMBER:  AR20060013734


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

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 Purple Heart be added to his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was wounded in action on 10 March 1969.

3.  The applicant provides his Purple Heart citation and a Veterans
Administration Rating Decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   1 October 1968.  The application submitted in this case is
dated 18 September 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 3 October 1966.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 76P (Stock Control and Accounting
Specialist).

4.  The applicant arrived in Vietnam and was assigned to the 573d Supply
and Service Company on 1 March 1968.

5.  A Western Union telegram shows the applicant was slightly wounded on
  10 March 1968 as a result of hostile action.  A U. S. Army Vietnam Form
157-R (Recommendation for Decoration for Valor or Merit) dated 2 April 1968
shows the applicant was recommended for award of the Purple Heart for
wounds received on 10 March 1968.  The Battalion Surgeon certified the
applicant received a wound on 10 March 1968 which required treatment by a
medical officer and that records of medical treatment for such wounds were
made a matter of record.  The company, battalion, and brigade commanders
recommended approval of award of the Purple Heart.


6.  The applicant provided a Purple Heart certificate showing he was
awarded the Purple Heart on 11 May 1968.  Brigadier General D. H. Richards,
Commanding, signed the certificate.

7.  The applicant departed Vietnam on 1 October 1968 after being credited
with participation in three campaigns.  His reassignment orders were issued
by Headquarters, U. S. Army Support Command, Qui Nhon.

8.  The applicant was released from active duty on 1 October 1968.  His DD
Form 214 shows he was awarded the National Defense Service Medal, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device
1960, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14),
and one overseas service bar.

9.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

10.  A review of the historical files of the 573d Supply and Service
Company at the National Archives and Records Administration at College
Park, MD failed to discover orders awarding the applicant the Purple Heart.
 However, the review confirmed that Brigadier General D. H. Richards was
the Commanding General, U. S. Army Support Command, Qui Nhon, Vietnam from
May 1968 through July 1969.

11.  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 573d Supply and Service Company, it was cited
for award of the Meritorious Unit Commendation for the period 1 September
1968 through 28 February 1969 by Department of the Army General Orders
Number 39 dated 1970.

12.  Department of the Army General Orders Number 8, 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.


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

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action on
    10 March 1968 but award orders are not available.

2.  The applicant was assigned to a unit during a period of time the unit
was awarded the Meritorious Unit Commendation.  Later, all units in Vietnam
were awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  These unit awards should be added to his DD Form 214.

3.  The applicant is credited with participation in three campaigns.  He is
authorized to wear three bronze service stars on his Vietnam Service Medal.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 October 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         30 September 1971.   Although the applicant
did not file within the 3-year statute of limitations, it would be
appropriate to waive failure to timely file based on the fact there is no
statute of limitations for award of the Purple Heart.

BOARD VOTE:

__jev___  __phm___  __gjp___  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.  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 on 10 March
1968; and
     b.  amending his DD Form 214 to add the Purple Heart, the Meritorious
Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and to show he is authorized to wear three bronze service
stars on his already-awarded Vietnam Service Medal.




                            __James E. Vick_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013734                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070424                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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