RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      13 September 2007
      DOCKET NUMBER:  AR20070006016


      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. Thomas Pagan                  |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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, through his Member of Congress (MOC), in
effect, that he be awarded the Purple Heart and that it 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 was shot in the village of
Honi.  He was shot in the left hip by the enemy.  The bullet went through
the driver's door of an F-150 Ford truck that he was driving and the bullet
went into his left hip where shrapnel is still today.  The applicant states
the wound was received about March or April 1972.

3.  He adds that the VA (Department of Veterans Affairs) or the military
have lost all his medical files from Vietnam.  He asks that the Board
please consider his Bronze Star Medal as enough evidence since the only
other proof are his scars.  He did not know he could get this corrected
until last election 2006.  He deserves his Purple Heart and he implores the
Board not to deny this simple request.  He concludes by stating, "what is
right is right and this is the right thing" for him to get what he deserves
and that is his Purple Heart.

4.  The applicant's MOC asks that, "upon researching this matter, please
forward all correspondence in this regard to my office."

5.  In support of his request, the applicant provides a copy of his DD Form
214, a copy of the general orders in which he was awarded the Bronze Star
Medal, and a copy of the accompanying award certificate.

CONSIDERATION OF EVIDENCE:

1.  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 also
allows the Army Board for Correction of Military Records (ABCMR) to
excuse an applicant’s failure to timely file within the 3-year statute of
limitations if the ABCMR determines it would be in the interest of
justice to do so.  While it appears the applicant did not file within the
time frame provided in
the statute of limitations, the ABCMR has elected to conduct a
substantive review of
this case and, only to the extent relief, if any, is granted, has
determined it is in the interest of justice to excuse the applicant’s
failure to timely file.  In all other respects, there are insufficient
bases to waive the statute of limitations for timely filing.


2.  The applicant’s records show that he enlisted in the Regular Army on
3 August 1970.  He completed basic combat training at Fort Knox,
Kentucky, and his advanced individual training at Fort Leonard Wood,
Missouri.  After completing all required training, he was awarded the
military occupational specialty (MOS), 94B (Cook).

3.  The applicant served in Vietnam from 23 August 1971 through 19 August
1972, with the Third Regional Assistance Command, US Military Assistance
Command, Vietnam.

4.  The applicant was honorably released from active duty, on 2 August
1973, under the provisions of Army Regulation (AR) 635-200, at the
expiration of his term of service.  He was released from active duty in the
rank and pay grade of Specialist Four, E-4.  On the date he was released
from active duty, he had completed 3 years active military service, with no
time lost.

5.  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 Bronze Star Medal; the Vietnam Service Medal,
with one bronze service star; the Republic of Vietnam Campaign Medal, with
"60 Device; the Expert Marksmanship Qualification Badge, with Rifle Bar
[M-16 Rifle]; and a Letter of Commendation.  The Purple Heart is not shown
on the applicant's DD Form 214.

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

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

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

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

10.  The applicant's service medical records are not available for the
Board's review.  On 12 August 1986, the VA Regional Office, Louisville,
Kentucky, requested the applicant's medical records and a copy of his DA
Form 20, in connection with the processing of a disability claim.  A VA
Form 70-3101-3, (completed) Request for Information, shows the requested
document and medical records were provided to the VA on 6 September 1986.
11.  The applicant was awarded the Bronze Star Medal, for meritorious
service in connection with military operations against a hostile force,
for the period August 1971 through August 1972, by General Orders Number
489, published by Headquarters, Third Regional Assistance Command, on 22
August 1972.  In the text of the citation for award of the Bronze Star
Medal appears the following sentence:  "On two occasions, SP4 [the
applicant] was fired upon while performing his assigned duties which
resulted in his being wounded."  An "onion skin" copy of the citation was
in the applicant's service personnel records appended to a copy of the
orders awarding him the Bronze Star Medal.  The citation does not provide
the dates the applicant was fired upon or the date he was wounded.
The applicant believes it to have been about March or April 1972.

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the correct number of bronze service stars
to which he is entitled for his campaign participation.

13.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Consolidation I, which extended from 1
July through 30 November 1971; the Consolidation II, which extended from 1
December 1971 through 29 March 1972; and the Vietnam Cease-Fire, which
extended from 30 March 1972 through 28 January 1973.

14.  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 the unit the applicant
was assigned to, the US Military Assistance Command, Vietnam, was awarded
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 8 February 1962 through 28 March 1973, by Department of the Army
General Order (DAGO) Number 8, dated 1973.  This foreign unit award is not
shown on his DD Form 214.

15.  The applicant had "excellent" conduct and efficiency ratings
throughout his time in the Army.  There is no evidence of indiscipline or a
breach of good
order while he served on active duty.  There is no record that he was
subjected
to either nonjudicial punishment or to court-martial.  There is no entry in
Item 42 (Remarks), of the applicant's DA Form 20 to indicate he was
disqualified from award of the Good Conduct Medal.

16.  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.

17.  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.

18.  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.

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 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.  Despite the lack of appropriate medical documentation showing that the
applicant was wounded in action, received medical treatment, that the
treatment was made a matter of official record, and other corroborating
evidence, a statement which was written into the citation exists on file in
the applicant's service personnel records, for an award which required
board action for approval. This statement alone is sufficiently credible to
form a basis for approval of award of the Purple Heart to the applicant.
He is therefore entitled to award of the Purple Heart for a wound sustained
in Vietnam on or about 30 March 1972 and to have it added to his DD Form
214.

3.  The applicant consistently had "Excellent" conduct and efficiency
ratings throughout his active duty service.  He attained the rank and pay
grade of Specialist Four, E-4, and there is no record of lost time in his
service personnel records.  The applicant earned the Bronze Star Medal for
his meritorious service while he served in Vietnam.  Based on this
excellent record of service, he is eligible for award of the Good Conduct
Medal for the period 3 August 1970 through 2 August 1973 and to have it
added to his DD Form 214.

4.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is therefore entitled to award of two additional bronze
service stars to be affixed to his already-awarded Vietnam Service Medal,
one bronze service star, and to have these stars shown on his separation
document.

5.  The applicant served in a unit which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a
member of the unit.  He is therefore entitled to this foreign unit award
and to have it added to his DD Form 214.

6.  The applicant served in Vietnam from August 1971 through August 1972.
 Because both the month of arrival and the month of departure are
included in the calculation to determine award of overseas service bars,
the applicant is therefore entitled to award of two overseas service bars
and to have these bars added to his DD Form 214


BOARD VOTE:

___TP___  __ena___  __PMS__  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.  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 and adding this award to
his DD Form 214;

      b.  awarding the applicant the Good Conduct Medal for the period 3
August 1970 through 2 August 1973, and adding this award to his DD Form
214;

      c.  awarding the applicant two additional bronze service stars to be
affixed to his Vietnam Service Medal, in addition to the one already
shown, to denote his participation in three campaigns while he served in
Vietnam, and to be shown on his DD Form 214 as the Vietnam Service Medal,
with three bronze service stars;


      d.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this foreign unit award to his DD Form
214; and

      e.  awarding the applicant two overseas service bars and adding these
bars to his DD Form 214




                            ____Thomas Pagan_______
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070006016                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070913                                |
|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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