RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2007
      DOCKET NUMBER:  AR20070006254


      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             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |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, that the Purple Heart he was awarded
be entered on his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

2.  The applicant states, in effect, that he was wounded in the Republic of
Vietnam on 22 September 1970.

3.  The applicant submitted a copy of a Purple Heart certificate in support
of this application.

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 record shows he was inducted into the Army of the
United States on 16 January 1969.  He completed basic combat training and
advanced individual training and was awarded the military occupational
specialty (MOS) 11F (Infantry Operations and Intelligence Specialist).  The
highest rank he attained while serving on active duty was Sergeant (E-5).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 18 December 1969 through
17 December 1970, performing duties in MOS 11B, Assistant Squad Leader, and
that during his RVN tour he was assigned to the 1st Battalion, 20th
Infantry Regiment, 11th Infantry Brigade.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that he earned the following awards during his active duty tenure:  the
National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the
Army Commendation Medal (ARCOM) with 1st oak leaf cluster, the Combat
Infantryman Badge (CIB), Republic of Vietnam Campaign Medal, the Bronze
Star Medal with “V” Device, the Marksmanship Qualification Badge with Rifle
Bar
(M-16), and the Marksmanship Qualification Badge with Rifle Bar (M-60).

5.  On 19 November 1970, the applicant was transferred to the United States
Army Reserve (USAR) after completing a total of 1 year, 10 months, and

4 days active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does
not show award of the Purple Heart.

7.  General Orders Number 12069, issued by the Headquarters, Americal
Division, dated 23 September 1970, awarded the applicant the Purple Heart.

Section 42 (Remarks) of the applicant’s DA Form 20 shows that the applicant
received wounds to his forward right forearm on 22 September 1970.

8.  The applicant's name is listed on the Vietnam Casualty Roster.

9.  Army Regulation 600-8-22 (Military Awards) 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 by a medical officer, and the medical treatment must have been
made a matter of official record.

10.  A review of the applicant’s record indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in three campaigns during his service in
Vietnam.  This document shows that the applicant participated in the
Vietnam Winter-Spring 1970 campaign, the DA Sanctuary Counteroffensive
campaign, and the Vietnam Counteroffensive, Phase VII Campaign.  This same
regulation states that a bronze service star will be awarded for wear on
the Vietnam Service Medal for participation in each campaign.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit to which the applicant
was assigned, was cited for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation for the period 24 August to 31 December 1969
by Department of the
Army General Orders Number 42, dated 1972.
13.  For Vietnam service, one overseas service bar is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as whole months for credit
toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records
to show award of the Purple Heart.

2.  General Orders Number 12069 show that the applicant was awarded the
Purple Heart for wounds received on 22 September 1970.  Section 40 of the
applicant’s DA Form 20 shows that the applicant received wounds to his
forearm.  The applicant’s name is listed on the Vietnam Casualty Roster.
Therefore, his records should be corrected to show award of the Purple
Heart.

3.  General Orders show the 1st Battalion, 20th Infantry Regiment was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
which is not shown on his separation document.  Therefore, he is entitled
to correction of his records to show this award.

4.  Records show the applicant participated in three campaigns during his
service in Vietnam.  Therefore, he is eligible for award of three bronze
service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show the applicant completed two periods of qualifying active
federal service in the Republic Vietnam.  Therefore, he is eligible for
award of two overseas service bars.

BOARD VOTE:

___RTD_  ___CAD _  ___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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing award of the Purple Heart, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, three bronze service stars to be affixed to his
already awarded Vietnam Service Medal, and two Overseas Service Bars.




                            ____Richard T. Dunbar_____
                                      CHAIRPERSON





                                    INDEX

|CASE ID                 |AR20070006254                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/27                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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