RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 July 2007
      DOCKET NUMBER:  AR20070000672


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

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, he was wounded in action in the
Republic of Vietnam (RVN) on 31 January 1968, and should have been awarded
the PH.

3.  The applicant provides the following documents in support of his
application:  Separation Document (DD Form 214); Clinical Record Cover
Sheet (DA Form 8-275-2); and Patient Evacuation Tag (DD Form 602).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 19 June 1970, the date of his separation.  The application
submitted in this case is dated 29 December 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 enlisted in the Regular Army and
entered active duty on 20 June 1967.  He was trained in, awarded, and
served in military occupational specialty (MOS) 11B (Infantryman), and the
highest rank he attained while serving on active duty was specialist four
(SP4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 5 January 1968 through 9 February 1968.  Item 38
(Record of Assignments) shows that during his service in the RVN, he was
assigned to Company A, 2nd Battalion, 506th Infantry Regiment, performing
duties in MOS 11B as a rifleman.  Item 38 shows that on 31 January 1968,
the applicant entered a patient status at the 93rd Evacuation Hospital and
that he was medically evacuated to Womack Army Hospital, Fort Bragg, North
Carolina, on
9 February 1968.

5.  Item 40 (Wounds) of the applicant's DA Form 20 contains an entry that
shows he received a fragment wound to his left leg on 31 January 1968, in
the RVN.  Item 41 (Awards and Decorations) shows that during his active
duty tenure, the applicant earned the National Defense Service Medal
(NDSM), Vietnam Service Medal (VSM), Parachutist Badge, Expert Marksmanship
Qualification Badge with Rifle (M-16) and Machinegun Bars and Marksman
Marksmanship Qualification Badge with Rifle (M-14) Bar.

6.  On 19 June 1970, the applicant was honorably separated after completing
3 years of active military service.  Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the
DD Form 214 he was issued shows he received the following awards during his
active duty tenure:  NDSM; VSM; Parachutist Badge; and Army Good Conduct
Medal.

7.  The applicant provides a DD Form 602, dated 6 February 1968, which
shows the applicant was a battle casualty and had received fragment wound
to the left leg.  He also provides a Clinical Record Cover Sheet, dated 8
February 1968, which shows the applicant was wounded in action in the RVN
on 31 January 1968, and transferred to the 93rd Evacuation Hospital that
same date.  It also shows he was treated for a fragment wound to his left
calf that he had received as a result of hostile fire on 1300 hours, 31
January 1968, near Bien Hoa, RVN.  This document shows the applicant was
being scheduled for air evacuation to the Continental United States
(CONUS).

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-8 contains the regulatory guidance pertaining to
awarding the PH.  It states, in pertinent part, that the PH is awarded to
any member who has been wounded or killed in action. A wound is defined as
an injury to any part of the body from an outside force or agent sustained
under conditions defined by this regulation.

9.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each RVN campaign a member is
credited with participating in.

10.  Paragraph 8-6 of the awards regulation contains guidance on award of
the Combat Infantryman Badge (CIB).  It states, in pertinent part, that
there are basically three requirements for a Soldier to receive the CIB:
he must be an infantryman satisfactorily performing infantry duties; he
must be assigned to an infantry unit of brigade, regimental or smaller
size; and during such time as the unit is engaged in active ground combat,
he must actively participate in such ground combat.

11.  Paragraph 9-13 of the awards regulation contains guidance on the RVN
Campaign Medal.  It indicates, in effect, that the normal qualify period is
six months of service in the RVN; however, members who were wounded in
action qualify for this award even if they served in the RVN for less than
six months.  It also states that this award is issued with a 1960 Device.

12.  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, 506th Infantry
Regiment) received the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  It also shows that during this period participating credit was
granted for Vietnam Counteroffensive Phase VI campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been awarded the PH was
carefully considered and found to have merit.  The evidence of record
confirms the applicant was wounded in action in the RVN on 31 January 1968,
which ultimately led to his medical evacuation to CONUS, as evidenced by
entries in Item 38 and Item 40 of his DA Form 20, and the medical treatment
records provided by the applicant.  Therefore, it would be appropriate to
award him the PH and to add it to his record and separation document at
this time.

2.  The evidence of record also shows that while he was serving in the RVN,
the applicant was serving in MOS 11B as a rifleman, with an infantry unit
of brigade, regimental or smaller size, and his personal participation in
ground combat with his qualifying infantry unit is confirmed by the fact he
was wounded in combat action near Bien Hoa, RVN, on 31 January 1968.
Therefore, it would also be appropriate to award the applicant the Combat
Infantryman Badge and to add it to his record and separation document at
this time.

3.  The record also confirms that based on his RVN service and campaign
participation, the applicant is also entitled to the RVN Campaign Medal
with
1960 Device, RVN Gallantry Cross with Palm Unit Citation, and 1 bronze
service star with his Vietnam Service Medal.  His record also shows he
received the Expert Marksmanship Qualification Badge with Rifle (M-16) and
Machinegun Bars and Marksman Marksmanship Qualification Badge with Rifle (M-
14) Bar.
Therefore, it would also be appropriate to add these awards to his record
and separation document at this time.

BOARD VOTE:

___KAN _  __SAP__  __EEM__  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 awarding him the Purple Heart, for
being wounded in action in the Republic of Vietnam on 31 January 1968; by
awarding him the Combat Infantryman Badge, for his qualifying infantry
service in ground combat in the Republic of Vietnam; by showing his
entitlement to the Republic of Vietnam Campaign Medal with 1960 Device,
Republic of Vietnam Gallantry Cross with Palm Unit Citation, 1 bronze
service star with his Vietnam Service Medal,
Expert Marksmanship Qualification Badge with Rifle (M-16) and Machinegun
Bars and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar;
and by providing him a correction to his separation document that includes
these awards.




                            _____Kathleen A. Newman___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000672                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/07/10                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/06/19                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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