RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 October 2007
      DOCKET NUMBER:  AR20070006267


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to add the Purple
Heart and the Bronze Star Medal.

2.  The applicant states that the Purple Heart and the Bronze Star Medal
are not listed on his DD Form 214.

3.  The applicant provides award certificates for the Purple Heart, the
Army Commendation Medal, and the Bronze Star Medal.

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 was inducted into the Army on 17 July 1969.  He completed
basic combat training and advanced individual training and was awarded
military occupational specialty 13A (Field Artillery Basic).

3.  The applicant arrived in Vietnam and was assigned to Battery C, 3d
Battalion, 82d Artillery on 1 January 1970.  He departed Vietnam on 16
November 1970 after being credited with participation in three campaigns.

4.  The applicant’s name is listed on the Vietnam Casualty Roster as being
wounded in action in May 1970 (the day is partially illegible), not
serious, not hospitalized.  Item 40 (Wounds) of his DA Form 20 (Enlisted
Qualification Record) shows he was wounded on 10 May 1970.  He provided an
award certificate to show he was awarded the Purple Heart for wounds
received on       7 May 1970.

5.  Headquarters, 23d Infantry Division General Orders Number 15309, dated
 22 November 1970, awarded the applicant the Bronze Star Medal.

6.  The applicant was honorably released from active duty on 16 July 1971.
His DD Form 214 shows he was awarded the National Defense Service Medal,
the “VCM” (most likely meant to be the Vietnam Service Medal), the Army
Commendation Medal, the Republic of Vietnam Campaign Medal with device
1960, two overseas service bars, and the Expert Marksmanship Qualification
Badge.

7.  Army Regulation 600-8-22 (Military Awards) states 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
military medical personnel, and the medical treatment must have been made a
matter of official record.

8.  Army Regulation 600-8-22 provides for the wear of one bronze service
star on the appropriate service medal, to include the Vietnam Service
Medal, for each campaign participation credited.

9.  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 that, at the time of the
applicant's assignment to the 3d Battalion, 82d Artillery, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 31 March through 30 June 1970 on Department of the Army
General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  General orders are available to show the applicant was awarded the
Bronze Star Medal.  The applicant provided an award certificate to show he
was awarded the Purple Heart, and other evidence of record confirms he was
wounded in action as a result of hostile action.  Therefore, these two
awards should be added to his DD Form 214.

2.  The applicant was credited with participation in three campaigns;
therefore, his DD Form 214 should be corrected to show he is eligible to
wear the Vietnam Service Medal with three bronze service stars.

3.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  Therefore, this unit award should be added to his DD Form 214.

BOARD VOTE:

__hof___  __wb____  __mjf___  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 the DD
Form 214 of the individual concerned be corrected by:

      a.  deleting the entry “VCM” from item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized); and

      b.  amending item 24 to add the Bronze Star Medal, the Purple Heart,
the Vietnam Service Medal with three bronze service stars, and the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.




                                  ___Hubert O. Fry______
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006267                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20071023                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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