RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 May 2007
      DOCKET NUMBER:  AR20060016957


      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. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy       |     |Member               |
|     |Mr. James R. Hastie               |     |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 his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to add the Purple
Heart.

2.  The applicant states that his Purple Heart was omitted from his DD Form
214.

3.  The applicant provides his DD Form 214 and a Purple Heart certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred      on 18 September 1969.  The application submitted in this case
is dated             15 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 was inducted into the Army on 19 September 1967.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11D (Armor Intelligence
Specialist).

4.  The applicant arrived in Vietnam and was assigned to B Troop, 3d
Squadron, 17th Cavalry on 25 March 1968.  He was medically evacuated on 22
August 1968 after being credited with participation in three campaigns.

5.  The applicant provided a Purple Heart certificate that shows he was
wounded in action on 19 August 1968.  He is listed on the Vietnam Casualty
Roster as being wounded as a result of hostile action, not serious,
hospitalized.

6.  The applicant was honorably released from active duty on 18 September
1969.  His DD Form 214 shows he was awarded the Air Medal, the Vietnam
Service Medal, the National Defense Service Medal, the Sharpshooter
Marksmanship Qualification Badge (Rifle M-14), the Army Good Conduct Medal,
and the Distinguished Flying Cross.

7.  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.

8.  Army Regulation 600-8-22 provides for award of 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.


9.  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.

10.  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 Squadron, 17th Cavalry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 22 February 1967 through 17 May 1968 by Department of the
Army General Orders Number 21, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action, and
he has provided evidence to show he was awarded the Purple Heart.  This
award should be added to his DD Form 214.

2.  Although the applicant served in Vietnam for less than 6 months, he was
wounded by hostile forces.  Therefore, he met the eligibility criteria for
award of the Republic of Vietnam Campaign Medal with device 1960.

3.  The applicant was credited with participation in three campaigns.
Therefore, he met the eligibility criteria to wear three bronze service
stars on his Vietnam Service Medal.

4.  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.  Therefore, this unit award should be added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 September 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    17 September 1972.  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:

__hof___  __teo___  __jrh___  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 the DD Form 214 of the individual
concerned be corrected by adding the Purple Heart, the Republic of Vietnam
Campaign Medal with device 1960, and the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and to show he is eligible to wear three
bronze service stars on his already-awarded Vietnam Service Medal.




                            __Hubert O. Fry_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060016957                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070522                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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