RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070007293


      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. William Powers                |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was injured in Vietnam while
riding on the outside of a tank and the tank hit a land mine.  He was
thrown and upon impact, he broke his wrist and injured his ankle.  He was
taken to Saigon and was then sent to Tokyo.

3.  The applicant adds that his medical and pay records were lost for
several months.  He continues that he is receiving service-connected
disability compensation from the Department of Veteran's Administration
(VA) and he would like to have the proper priority with the VA hospital.

4.  In support of his application, the applicant submits an unsigned and
undated addendum to his application to the Board in which he relates the
event of his being wounded and having been medically evacuated from
Vietnam; a copy of a letter addressed to him from the VA confirming his
enrolment in the VA health care system, dated 8 February 2001; a copy of
his VA Form 10-1174, VA Outpatient Medical Treatment Information Card; a
copy of his Social Security Account Number Card; and a copy of his
Selective Service Registration Card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 16 February 1970, the date of his release from
active duty.  The application submitted in this case is dated 14 May 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 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.
3.  The applicant’s records show that he was inducted into the Army of the
United States on 15 February 1968.  He completed basic combat training at
Fort Knox, Kentucky, 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).  On
12 October 1968, the applicant was reclassified to the MOS 11E (Armor
Crewman), the MOS he served in while in Vietnam.

4.  The applicant served in Vietnam from 30 March 1969 through 2 May
1969, with Company B, 2nd Battalion, 34th Armor Regiment, 1st Infantry
Division.

5.  The applicant was honorably released from active duty, on 16 February
1970, under the provisions of Army Regulation (AR) 635-200, at the
expiration of his term of service.  He was separated in the rank and pay
grade of Private First Class, E-3.  On the date he was released from active
duty, he had completed 2 years active military service, with two days time
lost due to being absent without leave.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge, shows
he was awarded:  the National Defense Service Medal; the Vietnam Service
Medal, and the Expert Marksmanship Qualification Badge, with Rifle Bar.
The Purple Heart is not shown on the applicant's DD Form 214.

7.  There is an entry in Item 40 (Wounds), of the applicant's DA Form 20,
Enlisted Qualification Record, as follows:  "Land Mine – Broken Arm."  The
date the applicant received the wound is not shown.

8.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
he was reassigned from his unit to the Medical Holding Detachment, 7th
Field Hospital, on 2 May 1969.  This item further shows he was medically
reassigned to the Medical Holding Detachment, Kimborough Army Hospital,
Fort George G. Meade, Maryland, on 4 June 1969.  The applicant was not
returned to duty in Vietnam following his treatment, recuperation, and
rehabilitation.

9.  There is an entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he was awarded the Purple Heart; however,
the authority shown is not that of a general order number but, "AR 672-5-
1."
10.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.

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

12.  A search of the US National Archives and Records Administration
Casualty Information System Database, College Park, Maryland, was
conducted using last name, service number, and social security account
number.  This search did not return any information to indicate the
applicant was wounded in action.

13.  The applicant's service medical records are not available for the
Board's review.  On 30 September 1971, the VA Regional Office, Cleveland,
Ohio, requested the applicant's medical records and a copy of the line of
duty investigation related to his broken wrist in connection with the
processing of a disability claim.  A VA Form 70-3101, Request for
Information, shows the requested document and medical records were provided
to the VA on 19 October 1971.

14.  The applicant served in Vietnam for three months, including the month
of his arrival and the month of his departure from Vietnam, prior to being
medically evacuated from Vietnam.  He is entitled to award of the Republic
of Vietnam Campaign Medal; however, the applicant's DD Form 214 does not
show this award among his authorized awards.

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

16.  While in Vietnam, the applicant participated in the Tet 69
Counteroffensive Campaign which extended from 23 February through 8 June
1969.  A bronze service star was not affixed to his Vietnam Service Medal
to correctly denote his campaign participation credit.

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 the unit
the applicant was assigned to was awarded the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation, for the period 31
January 1969 through 7 April 1970, by Department
of the Army General Order (DAGO) Number 53, dated 1970.  The applicant's
unit, a subordinate unit of the US Army Vietnam, was also awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.
These unit awards are not shown on the applicant's DD Form 214.

18.  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.

19.  AR 600-8-22 provides, in pertinent part, for award of the Republic
of Vietnam Campaign Medal.  The Government of Vietnam awarded this medal
to all members of the Armed Forces of the United States for qualifying
service in Vietnam during the period 1 March 1961 through 28 March 1973.
Qualifying service included assignment in Vietnam for 6 months or service
outside the geographical limits of the Republic of Vietnam that
contributed direct combat support to the Republic of Vietnam and its
Armed Forces.  Individuals who had qualified for award of the Vietnam
Service Medal or the Armed Forces Expeditionary Medal and were evacuated
prior to completing six months of service due wounds resulting from
hostile action were entitled to award of the Republic of Vietnam Campaign
Medal.

20.  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.

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 shows that the applicant sustained a broken
wrist when he was thrown from the tank he was riding when the tank hit a
land mine.  Based on the evidence, it appears the wound was sustained on
approximately 2 May 1969.
3.  Items 40 and 41, of the applicant's DA Form 20, were posted to show he
was wounded in action and that he received the Purple Heart; however, the
data was posted incorrectly/incompletely and, his record is void of orders
awarding him the Purple Heart.

4.  The evidence of record shows he was reassigned from his unit in Vietnam
to the 7th Field Hospital, in Japan, and was further reassigned to
Kimborough Army Hospital, in Maryland, to receive further medical
treatment.

5.  Based on the evidence, the applicant is entitled to award of the Purple
Heart and to have it added to his DD Form 214.

6.  The applicant served in Vietnam for three months, including the month
of his arrival and the month of his departure from Vietnam, prior to being
medically evacuated from Vietnam.  He is therefore entitled to award of the
Republic of Vietnam Campaign Medal and to have this award added to his DD
Form 214.

7.  The applicant served in one campaign while he served in Vietnam.  He
is therefore entitled to award of one bronze service star to be affixed to
his Vietnam Service Medal and to be shown on his DD Form 214.

8.  The applicant served in a unit which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, while he was
a member of the unit.  These unit awards are not shown on his DD Form 214.
He is entitled to these unit awards and to have them added to his DD Form
214.

BOARD VOTE:

__JP____  __LD____  __WDP__  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.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Purple Heart and adding this award to
his DD Form 214;

      c.  awarding the applicant the Republic of Vietnam Campaign Medal and
adding this award to his DD Form 214;

      d.  awarding the applicant the Vietnam Service Medal, with one bronze
service star, to denote his participation in one campaign of the Vietnam
War and, adding this award to his DD Form 214; and


      e.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, and adding these unit awards to his DD
Form 214.




                            _____William D. Powers____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070007293                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070925                                |
|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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