RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 August 2007
      DOCKET NUMBER:  AR20070002678


      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. Linda D. Simmons              |     |Chairperson          |
|     |Ms. Ernestine I. Fields           |     |Member               |
|     |Mr. Randolph J. Flemings          |     |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 the Purple Heart (PH) be added
to the list of awards contained in Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his
23 November 1967 separation document (DD Form 214).

2.  The applicant states, in effect, he received the PH for being wounded
in action in the Republic of Vietnam (RVN) on 21 January 1967, and asks for
a full review of his records for any and all authorized awards that he
earned and that any of these awards to which he is entitled be added to the
list of awards on his
DD Form 214.

3.  The applicant provides his DD Form 214 and an electronic mail (e-mail)
message from the Military Order of the PH in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 23 November 1967, the date of his separation.  The
application submitted in this case is dated 9 February 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 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 he inducted into the Army and entered
active duty on 24 November 1965.  He was trained in, awarded and served in
military occupational specialty (MOS) 11B (Light Weapons 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 18 May 1966 through 27 May 1967.  Item 38 (Record of
Assignments) shows that during his RVN tour, he was assigned to Company A,
1st Battalion, 35th Infantry Regiment, performing duties in MOS 11B as a
rifleman.  It also shows that during the period 7 February through 16 March
1967, he was a patient at the United States Army Hospital, Camp Zama,
Japan.

5.  On 23 November 1967, the applicant was honorably separated after
completing a total of 2 years of active military service.  Item 24 of the
DD Form 214 he was issued shows that during his active duty tenure, he
earned the following awards:  National Defense Service Medal (NDSM);
Vietnam Service Medal (VSM); RVN Campaign Medal; Army Good Conduct Medal
(AGCM); and Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army Vietnam Casualty Roster.  This roster
contained an entry pertaining to the applicant that confirmed he was
wounded in action in the RVN on 22 January 1967.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer and this treatment must be supported by medical treatment records
that were made a matter of official record.

8.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.
It states, in pertinent part, that a bronze service star is authorized for
each campaign a member is credited with participating in while serving in
the RVN.

9.  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 (Company A, 1st Battalion, 35th
Infantry Regiment) received the Valorous Unit Award (VUA), Presidential
Unit Citation (PUC), RVN Gallantry Cross with Palm Unit Citation, and RVN
Civil Actions Honor Medal First Class Unit Citation.  It also confirms that
during his tenure of assignment in the RVN, participation credit was
granted for the Vietnam Counteroffensive Phase III, TET Counteroffensive,
Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V
campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in action in
the RVN on 22 January 1967, as evidenced by an entry on the Vietnam
Casualty Roster, the official DA list of RVN casualties.  Thus, it would be
appropriate to award him the PH at this time.
2.  The evidence of record also shows that based on the applicant's service
and campaign participation in the RVN, he is entitled to the VUA, PUC, RVN
Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal
First Class Unit Citation and 4 bronze service stars with his VSM.
Therefore, it would also be appropriate to add these awards to his record
and separation document at this time.

BOARD VOTE:

__LDS __  __EIF___  __RJF __  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 22 January 1967; by
showing his entitlement to the Valorous Unit Award, Presidential Unit
Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and
4 bronze service stars with his Vietnam Service Medal; and by providing him
a correction to his separation document that includes these awards.




                            _____Linda D. Simmons__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002678                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/07                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/11/23                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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