RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      26 June 2007
      DOCKET NUMBER:  AR20070000709


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he should be awarded the Purple
Heart for injuries he received and because he was hospitalized for
approximately 28 days for the injury he received.

3.  In support of his request, the applicant submits an addendum to his DD
Form 149, Application for Correction of Military Record; a Standard Forms
(SF) 180, Request Pertaining to Military Records; copies of his DD Form
214, Armed Forces of the United States, Report of Transfer or Discharge; a
copy of Letter Orders Number 11-1308840, Office of the Adjutant General,
U.S. Army Reserve Components Personnel and Administration Center, dated 21
November 1973; and a copy on his Honorable Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 5 December 1969.  The application submitted in
this case is dated 11 December 2006,and was received for processing on 12
January 2007.

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 limitation 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 records show that he was inducted into the Army of the
United States on 8 December 1967.  He completed basic combat training at
Fort Campbell, Kentucky, and his advanced individual training at Fort Polk,
Louisiana. After completing all required training, he was awarded the
military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant served in Vietnam from 21 May 1968 through 17 May 1969,
with Company E, 1st Battalion, 12th Infantry Battalion, 4th Infantry
Division.
5.  The applicant was honorably released from active duty, on 4 December
1969 in the rank and pay grade of Specialist Four, E-4.  On the date he was
released from active duty, he had completed 1 year, 11 months, and 28 days
active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, the Combat
Infantryman Badge, and the Marksman Marksmanship Qualification Badge,
with Rifle Bar.  The Purple Heart is not shown on the applicant's DD
Form 214.

7.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20,
Enlisted Qualification Record, to show that he received a wound in action
against a hostile force.

8.  There is no entry in Item 41 (Awards and Decorations), of the DA Form
20, showing the applicant was awarded the Purple Heart.

9.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.

10.  The applicant's name does not appear on the Vietnam Casualty List.

11.  Item 38 (Record of Assignments), of the applicant's DA Form 20, has an
entry showing he was hospitalized in the Medical Holding Company, US Army
Hospital, Camp Zama, Japan, on 31 October 1968.  There is no additional
evidence available in his service record, created at the time, having a
diagnosis and the reason for his being there.

12.  On 30 December 1969, the applicant filed a claim with the Department
of Veterans Affairs.  The VA Form 07-3101 he completed shows he had an
alleged head injury.  This form does not indicate the cause of his head
injury.

13.  A SF 88, Report of Medical Examination, and a SF 89, Report of
Medical History, completed in part by the applicant, during his
separation physical examination, on 26 November 1969, show an entry which
indicates he sustained a wound to the head from "rocket fire" while he
served in Vietnam.
14.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which he is
entitled for his campaign participation.

15.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase IV,
which extended from 2 April through 30 June 1968; the Vietnam
Counteroffensive, Phase V, which extended from 1 July through 1 November
1968; the Vietnam Counteroffensive, Phase VI, which extended from 2
November 1968 through 22 February 1969; and the Tet 69 Counteroffensive,
which extended from 23 February through 8 June 1969.

16.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to was awarded the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period October 1966 through 28
July 1969, by Department of the Army General Order (DAGO) Number 3, dated
1970; and the Republic of Vietnam Civil Actions Honor Medal, First Class,
Unit Citation, for the period 1 October 1966 through 31 October 1969, by
DAGO 53, dated 1970.

17.  Army Regulation (AR) 600-8-22 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, and the medical treatment must have been made a matter of
official record.  This regulation also provides that there is no statute
of limitations on requests for award of the Purple Heart.

18.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

19.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.
20.  AR 670-1, in effect at the time, governed the requirements for the
overseas service bar.  In pertinent part, it provided that a bar is
authorized for wear for each period of active Federal service as a member
of the US Army outside of the continental limits of the United States.  One
overseas service bar is authorized for each 6-month period served in the
Republic of Vietnam.  To calculate the entitlement, both the month of
arrival and month of departure are counted as a whole month no matter the
number of days in that month that were spent in the hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be
provided to verify that a wound was received as a result of enemy action,
the wound must have required treatment, and the medical treatment must have
been made a matter of official record.

2.  The evidence shows the applicant was medically evacuated to Japan from
Vietnam to receive medical treatment.  Medical documents completed in
conjunction with his separation physical examination show he received a
wound to the head from "rocket fire" while he served in Vietnam.  Based on
the available evidence, the applicant is entitled to award of the Purple
Heart and to have it added to his DD Form 214.

3.  The applicant served in four campaigns while in Vietnam.  He is
therefore entitled to award of four bronze service stars to be affixed to
his already-awarded Vietnam Service Medal and to have this award added to
his DD Form 214.

4.  While in Vietnam, the applicant served in a unit, which was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.
These unit awards are not shown on his DD Form 214.  He is entitled to
these unit awards and to have them added to his DD Form 214 at this time.

5.  The applicant served in Vietnam for one year, including the month of
his arrival in, and the month of his departure from Vietnam.  He is
entitled to award of two overseas service bars and to have these bars added
to his DD Form 214.

6.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 5 December 1969; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 4 December 1972.
Although the applicant did not file within the ABCMR's 3-year statute of
limitations, it is appropriate to waive failure to timely file based on
the fact there is no statute of limitations on requests for award of the
Purple Heart.

BOARD VOTE:

____A___  ___JP___  __JBM__  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 the applicant the Purple Heart for wounds received on
about 31 October 1968, as a result of hostile action, and adding this award
to his DD Form 214;

      b.  deleting the Vietnam Service Medal, from the applicant's DD Form
214;

      c.  awarding the applicant the Vietnam Service Medal, with four bronze
service stars, to denote his participation in four campaigns while he
served in Vietnam; awarding the applicant 2 overseas service bars and
adding these awards to his DD Form 214; and


      d.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, and adding these unit awards to his DD
Form 214.




                                  _____James E. Anderholm______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070000709                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070626                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015 PH                             |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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