RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 July 2007
      DOCKET NUMBER:  AR20060016858


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Ms. Ernestine 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 the
Combat Infantryman Badge.

2.  The applicant states that he was wounded in combat in May 1970 and that
he received a 50 caliber gunshot wound to his left buttocks.  He states
that he was an Army infantry officer in the Republic of Vietnam and
received a Bronze Star Medal with "V" Device.  He states that he attended
the Infantry Officers Basic Course, Jungle Operations and served as an
infantryman during his time in the service.  He states that he was also
airborne qualified.

3.  The applicant provides in support of his application a portion of Army
Regulation 600-8-22; a copy of Orthopedic Report dated 7 June 1971; a copy
of his Doctor's Progress Notes; a copy of separation medical examination; a
copy of nursing notes; and a copy of his Report of Transfer or Discharge
(DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 March 1971.  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.  On 1 September 1968, the applicant was commissioned as a second
lieutenant (O1) in the United States Army Reserve (USAR).  He was ordered
to active duty on 21 March 1969 and he was awarded a training center unit
officer military occupational specialty (MOS).

4.  The applicant was awarded an infantry unit commander MOS on 28 May 1969
and a parachutist infantry officer MOS on 26 June 1969.  He was transferred
to Vietnam on 28 February 1970 and he was assigned to C Company,
2nd Battalion, 14th Infantry Regiment, 25th Infantry Division.

5.  On 21 March 1970, he was promoted to first lieutenant (O2).

6.  On 2 April 1970, orders were published awarding the applicant the
Bronze Star Medal w/"V" Device for heroism in connection with military
operations against a hostile force.  The orders indicate that the applicant
distinguished himself by heroic actions on 19 March 1970, while serving
with Company G, 2nd Battalion, 14th Infantry in the Republic of Vietnam.
The orders indicate that while on a reconnaissance operation, elements of
Company C came in contact with a large enemy force; that with complete
disregard for his own safety, he exposed himself to a hail of enemy fire as
he maneuvered among the men, directing accurate fire and placing them in
strategic fighting positions; that he laid down a suppressive volume of
fire on the hostile force; and that his bravery and devotion to duty were
in keeping with the highest traditions of the military service and
reflected great credit upon himself, his unit and the United States Army.

7.  On 13 May 1970, the applicant's family was notified via Western Union,
that he had been slightly wounded in action while he was in Cambodia on 9
May 1970, by small arms fire while on a military mission.  The notification
indicates that the applicant was mistaken for a hostile force and fired
upon by friendly forces.  He received a wound to his right buttocks.  The
notification further indicates that he was treated and hospitalized in
Vietnam.

8.  The applicant's Orthopedic Report , Doctor's Progress Notes and
separation examination indicates that he suffered a gunshot wound to his
left buttocks while he was in combat.

9.  The applicant returned to the Continental United States on 12 June 1970
and he was released from active duty (REFRAD) on 20 March 1971.  The DD
Form 214 that he was furnished at the time of his REFRAD indicates that he
was awarded the National Defense Service Medal, the Vietnam Service Medal
w/two Bronze Service Stars, the Bronze Star Medal w/"V" Device and the
Parachutist Badge.

10.  The applicant's Officer Qualification Record (DA Form 66) indicates
that he was qualified as an expert in marksmanship (Rifleman M-16).
However, the badge was not included on his DD Form 214.

11.  A review of the Vietnam Casualty Roster shows that the applicant was
wounded in action on 9 May 1970.



12.  Included as part of the Department of Defense Appropriations Act for
fiscal year 1994 was an amendment to the rules governing award of the
Purple Heart.  While the original rules established that the Purple Heart
would be awarded to individuals killed or wounded as a result of hostile
action, the amendment enabled the Secretaries of each department to award
the Purple Heart to members of the armed forces who were killed or wounded
in action by weapon fire, while directly engaged in armed conflict, other
than as the result of an act of an enemy of the United States.  This
ruling, in effect, granted the service Secretaries the authority to award
the Purple Heart to individuals directly engaged in armed conflict who were
killed or wounded as a result of "friendly fire."

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Purple Heart to individuals wounded or killed as a
result of “friendly fire” in the “heat of battle” as long as the “friendly”
projectile or agent was released with the full intent of inflicting damage
or destroying enemy troops or equipment.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge is awarded to infantry officers and to enlisted and
warrant officer persons who have an infantry MOS.  They must have served in
active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  This medal was awarded by the Government of
Vietnam to all members of the Armed Forces of the United States for
qualifying service in Vietnam during the period 1 March 1961 through
28 March 1973.  Qualifying service included assignment in Vietnam for
6 months or more.  Qualifying service outside the geographical limits of
the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Vietnam Campaign Medal.

16.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The available records indicate that the applicant is entitled to award
of the Purple Heart.  He was hit by small arms fire while he was in
Cambodia on 9 May 1970, after being mistaken for a hostile force and he was
fired upon by friendly forces.  While the Western Union Telefax indicates
that the wound was to his right buttocks, his medical documentation
indicates that the wound was to his left buttocks as he contends.  In any
event, he is entitled to award of the Purple Heart and his records should
be corrected accordingly.

2.  In accordance with the applicable regulation, the applicant is also
entitled to the Combat Infantryman Badge.  He was an officer serving in an
infantry MOS, he was engaged in ground combat with enemy forces (according
to the orders awarding him the Bronze Star Medal) and he was assigned to an
infantry unit.  Consequently, he is entitled to the CIB and this decoration
should be included on his DD Form 214 as requested.

3.  The applicant's DA Form 66 shows that the applicant was an expert in
marksmanship.  However, his badge was erroneously omitted from his DD
Form 214 and this decoration should also be included on his DD Form 214.

4.  Additionally, based on the available records the applicant is also
entitled to have the Vietnam Campaign Medal and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation included on his DD Form 214.
Therefore, it would now be in the interest of justice to correct the
applicant's records as recommended below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 March 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 19 March 1974.  However, there is no statute of limitations on
requests for award of the Purple Heart; therefore, the issues will be
decided on the overall merits of the case.




BOARD VOTE:

__EA ___  __SF  ___  __EF ___  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:

      a.  awarding him the Combat Infantryman Badge and the Purple Heart for
wounds received to his left buttocks while he was in Cambodia, on 9 May
1970, while serving in the rank of first lieutenant; and


      b.  amending his DD Form 214 to show his entitlement to the Purple
Heart, the Combat Infantryman Badge, the Vietnam Campaign Medal, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Expert
Marksmanship Qualification Badge (Rifle M-16).




                            ______Eric Anderson_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060016858                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070703                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.  134                 |107.0088/ VIETNAM CAMPAIGN MEDAL        |
|4.  140                 |107.0094/RVNGC W/PAL UNIT CITATION      |
|5.  157                 |107.0111/CIB                            |
|6.                      |                                        |


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