RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       2 August 2007
      DOCKET NUMBER:  AR20070003608


      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. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 his Purple Heart be added to
his DD Form 214, Armed Forces of the United States, Report of Transfer or
Discharge.

2.  The applicant states, in effect, that he received a head wound in
combat with the enemy between the end of September and the end of October
in 1970 on the Song Be River.  He adds that his first sergeant did not like
him and he thinks he may have had something to do with his not having the
Purple Heart added to his DD Form 214.

3.  The applicant adds, in effect, that he tried several times in 1986 to
have this award added to his DD Form 214; however, this action was not
completed.

4.  In conclusion he states, in effect, that he had a square Chi-Com
grenade bee-bee removed from his head in 1973, in Altoona, Pennsylvania, at
the Van Zandt Hospital.

5.  The applicant submitted no additional document(s) in support of his
request, beyond his DD Form 149, Application for Correction of Military
Record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 9 February 1971.  The application submitted in
this case is dated 2 February 2007 and was received for processing on 5
March 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 enlisted in the Regular Army on 8
July 1969.  He completed basic combat training and his advanced individual
training at Fort Gordon, Georgia.  After completing all required training,
he was awarded the military occupational specialty (MOS), 11B (Light
Weapons Infantryman).

4.  The applicant served in Vietnam from 14 January 1970 through 8 February
1971, with Company A, 1st Battalion, 20th Infantry Battalion, 23rd Infantry
Division.

5.  The applicant was honorably released from active duty, on 9 February
1971, under the provisions of Army Regulation (AR) 635-200, early release
of overseas returnee.  He was separated 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, 7 months, and 2 days active military service, with no
time lost.

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 Army Commendation Medal; the Vietnam Service
Medal; the Republic of Vietnam Campaign Medal; the National Defense Service
Medal; the Combat Infantryman Badge; and the Marksman Marksmanship
Qualification Badge, with Rifle Bar [M-16 Rifle].  The Purple Heart is not
shown on the applicant's DD Form 214.

7.  An entry appears in Item 40 (Wounds), of the applicant's DA Form 20,
Enlisted Qualification Record, that shows he received a "FW (fragmentation
wound) to the head on 24 September 1970.

8.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he 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 appears on the Vietnam Casualty List.  This list
shows he was wounded on 24 September 1970; however, his wound was not
serious, he was not hospitalized, and no notification was made to his
reported next-of-kin.

11.  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.

12.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Vietnam Winter-Spring 1970, which
extended from 1 November 1969 through 30 April 1970; the Sanctuary
Counteroffensive, which extended from 1 May through 30 June 1970; and the
Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970
through 30 June 1971.

13.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
that the applicant consistently received "excellent" conduct and efficiency
ratings.  There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

14.  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.

15.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3 years
except in those cases when the period for the first award ends with the
termination of a period of Federal military service.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

16.  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.

17.  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, the 20th Infantry Regiment of the 23rd Infantry
Division, was awarded the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, for the period 31 March through 30 June 1970, by Department
of the Army General Order (DAGO) Number 42, dated 1972, while he was a
member of the unit.

18.  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.

19.  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 U.S. Army outside of the continental limits of the United States.
One overseas service bar is authorized for each six-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
presented to show that the Soldier was wounded as the result of hostile
action, the wound must have required treatment, and the medical treatment
must have been made a matter of official record.

2.  The evidence of record confirms the applicant's allegation that he was
wounded in action against a hostile enemy on 24 September 1970.  There is
no evidence to show that the Purple Heart was awarded to him while he
served on active duty.  Based on the evidence found in official Army
records, he is entitled to award of the Purple Heart and to have it added
to his DD Form 214.

3.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
that the applicant did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 8
July 1969 through 9 February 1971.

4.  The applicant participated in three campaigns while he served in
Vietnam.  He is therefore entitled to award of three bronze service stars
to be affixed to his already-awarded Vietnam Service Medal and to have
these three bronze service stars added to his DD Form 24.

5.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of
the unit.  This unit award is not shown on his DD Form 214.  He is entitled
to this unit award and to have it added to his DD Form 214.
6.  The applicant served in Vietnam for a period of over one year.  The
applicant is therefore entitled to award of two overseas service bars and
to have these overseas service bars added to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 February 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 8 February 1974.  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:

___RWS_  __KSJ___  _CLG___  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. deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Purple Heart, for wounds he sustained
in action against a hostile enemy on 24 September 1970 and adding this
award to his DD Form 214;

      c.  awarding the applicant the Good Conduct Medal, for the period 8
July 1969 through 9 February 1971, and adding this award to his DD Form
214; and




      d.  awarding the applicant the Vietnam Service Medal, with three
bronze service stars; the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, and two overseas service bars, and adding these awards to
his DD Form 214.




                            ____Curtis L. Greenway______
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070003608                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070802                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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