RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 July 2007
      DOCKET NUMBER:  AR20060016939


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric N. Anderson              |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Ms. Ernestine I. Fields           |     |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 he be awarded the Purple Heart and in
effect change dates of service.

2.  The applicant states he was shot in the left foot on 18 July 1969 and
transported to Cam Ranh Bay.  They received mortar fire and had to be
transported to the hospital in Japan.

3.  The applicant provides his re-issued DD Form 214 (Report of Separation
from Active Duty) and a cover sheet from the Richland County Veterans
Service Commission.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 September 1970.  The application submitted in this case
is dated 14 November 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 enlisted in the Regular Army on 21 November 1967.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11B (Light Weapons Infantryman).
He was honorably discharged on 10 April 1969 after completing 1 year, 4
months, and 2 days of creditable active service and immediately reenlisted
on 11 April 1969 for 3 years.  His DD Form 214 for the period ending 10
April 1969 shows he was awarded the National Defense Service Medal, the
Sharpshooter Marksmanship Qualification Badge (Rifle M-14 (i.e., with Rifle
bar)), and the Armed Forces Expeditionary Medal (Korea).

4.  The applicant arrived in Vietnam and was assigned to the 1st Battalion,
501st Infantry on or about 8 July 1969.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification
Record) shows he received a gunshot wound to his left foot on 18 July 1969.
 Item 38 (Record of Assignments) of his DA Form 20 shows he was transferred
to the 249th General Hospital on 30 August 1969 in a patient status after
receiving conduct and efficiency ratings of “excellent.”  He was credited
with participation in one campaign.

6.  The applicant was transferred to Fort Meade, MD on an unknown date,
from where he was discharged on 3 September 1970 with a discharge under
other than honorable conditions under the provisions of Army Regulation 635-
200, chapter 10, discharge in lieu of trial by court-martial (for two
extended periods of being absent without leave).  He was separated on
temporary records.  His discharge was later upgraded by the Army Discharge
Review Board (ADRB).  His re-issued DD Form 214 for the period ending 3
September 1970 shows he was awarded the National Defense Service Medal.  It
also erroneously shows he entered active duty on 12 November 1967 and
completed 2 years, 2 months, and 21 days of net service that period with no
other service.

7.  The applicant’s name is not listed on the Vietnam Casualty Roster.

8.  On 5 May 1978, the ADRB voted to upgrade the applicant’s discharge to
general under honorable conditions under the Special Discharge Review
Program.  In making their decision, the ADRB noted the entries on his DA
Form 20 indicating he had been wounded, noted there was no evidence that a
line of duty investigation had been completed, and noted that he had
received conduct and efficiency ratings of “excellent” prior to his being
hospitalized.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Purple Heart 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.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam
Campaign Medal with device 1960 to personnel who have served in the
Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March
1973, inclusive, or have served for less than 6 months and have been
wounded by hostile forces.

11.  Army Regulation 600-8-22 provides for award of the Vietnam Service
Medal. This medal is awarded to all members of the Armed Forces of the
United States for qualifying service in Vietnam after 3 July 1965 through
28 March 1973.  Qualifying service included attachment to or assignment for
1 or more days with an organization participating in or directly supporting
military operations.

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.  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 1st Battalion, 501st 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 2 May 1970 by Department
of the Army General Orders Number 48, dated 1971.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s name is not listed on the Vietnam Casualty Roster.
Nevertheless, the entries on his DA Form 20 combined with the absence of a
line of duty investigation, which would have been required had his injuries
been the result of an accident or misconduct, are accepted as sufficient to
show the applicant was wounded as a result of hostile action and therefore
is entitled to award of the Purple Heart.

2.  The applicant was separated on temporary records, and his re-issued DD
Form 214 for the period ending 3 September 1970 does not show all the
awards for which he is eligible.  His DD Form 214 for the period ending 3
September 1970 should be amended to add the Purple Heart, the Vietnam
Service Medal with one bronze service star, the Republic of Vietnam
Campaign Medal with device 1960, the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification
Badge with Rifle bar, and the Armed Forces Expeditionary Medal (Korea).

3.  The applicant’s re-issued DD Form 214 for the period ending 3 September
1970 should also be amended in item 15 (Date Entered Active Duty This
Period) to show he entered active duty on 11 April 1969 and in item 18
(Record of Service) to show he completed 9 months and 21 days of creditable
active service that period and 1 year, 4 months, and 20 days of prior
active service (for a total of 2 years, 2 months, and 21 days of service
for pay).

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 September 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      2 September 1973.  The applicant did not file
within the 3-year statute of limitations; however 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:

__ena___  __swf___  __eif___  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 18 July 1969;

     b.  amending his re-issued DD Form 214 for the period ending 3
September 1970 to add the Purple Heart, the Vietnam Service Medal with one
bronze service star, the Republic of Vietnam Campaign Medal with device
1960, the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
the Sharpshooter Marksmanship Qualification Badge with Rifle bar, and the
Armed Forces Expeditionary Medal (Korea); and

     c.  amending his re-issued DD Form 214 for the period ending 3
September 1970 in item 15 to show he entered active duty on 11 April 1969
and in item       18 to show he completed 9 months and 21 days of
creditable active service that period and 1 year, 4 months, and 20 days of
prior active service.




                                  __Eric N. Anderson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060016939                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070703                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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