RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 October 2007
      DOCKET NUMBER:  AR20070007397


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Ann M. Campbell               |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, he received a wound as a result of
stepping on a Punji Stick in the Republic of Vietnam (RVN), while serving
in hostile territory and would now like to be awarded the PH for this
wound.

3.  The applicant provides copies of his Enlisted Qualification Record (DA
Form 20) and his separation document (DD Form 214) in support of his
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 that enlisted in the Regular Army and
entered active duty on 30 April 1968.  He was trained in and awarded
military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His
record shows he was promoted to specialist four (SP4) on 22 September 1969,
and that this is the highest rank he attained while serving on active duty.
 It also shows he was reduced to private first class (PFC) on 29 September
1970 and to private/
E-1 (PV1) on 25 June 1971.

3.  The applicant's DA Form 20 shows he served in the RVN from 6 April 1969
through 28 March 1970.  Item 38 (Record of Assignments) shows that during
his RVN tour, he was assigned to Company D and Company C, 3rd Battalion,
503rd Infantry Regiment, 173rd Airborne Brigade, performing duties in 11B
as an automatic rifleman and rifleman.

4.  Item 40 (Wounds) of the applicant's DA Form 20 contains an entry
indicating that he received a Punji Stick wound to his left thigh on 5
March 1970.  Item 41 (Awards and Decorations) shows he earned the following
awards during his active duty tenure:  National Defense Service Medal
(NDSM); Vietnam Service Medal; Parachutist Badge; Combat Infantryman Badge
(CIB); RVN Campaign Medal with 60 Device; Air Medal (AM); and Expert
Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains two
Chronological Records of Medical Care (Standard Forms (SF) 600), which show
that on 5, 6, 7, and 19 March 1970, he was treated for a Punji Stick wound
to his left thigh he received on 5 March 1970.

6.  On 6 July 1971, the applicant was discharged under the provisions of
chapter 10, Army Regulation 635-200, by reason of conduct triable by court-
martial and issued an UD, which was later upgraded to a general, under
honorable conditions discharge (GD) by the Army Discharge Review Board.
The DD Form 214 he was issued at the time shows he completed a total of 3
years, 1 month, and 1 day of creditable active military service and that he
accrued 56 days of time lost due to being absent without leave (AWOL).  It
also shows that he earned the following awards during his active duty
tenure:  NDSM; VSM; RVN Campaign Medal with 60 Device; CIB; and Parachutist
Badge.

7.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
roster contains an entry pertaining to the applicant that shows he was
wounded in action in action in the RVN on 5 March 1970.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that the wound for
which the award is being made was received as a result of enemy action,
that the wound required treatment by military medical personnel, and a
record of this treatment must have been made a matter of official record.
Paragraph 2-8g contains a list of examples of enemy related wounds the
clearly justify award of the PH.  This list includes injuries caused by
enemy placed mine or trap.

9.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal and states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with participating in while serving in the RVN.  The regulation shows that
while the applicant was in the RVN, participation credit was granted for
the TET 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-
Spring 1970 campaigns.
10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (3rd Battalion, 503rd Infantry
Regiment) received the RVN Gallantry Cross with Palm Unit Citation and the
RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully considered
and found to have merit.  The evidence of record confirms the applicant
received a Punji Stick (enemy trap) wound to the left thigh on 5 March
1970, while serving in the RVN.  This is corroborated by an entry in Item
40 of his DA Form 20 and an entry on the Vietnam Casualty Roster, the
official DA list of RVN battle casualties.  In addition, there are medical
treatment records (SFs 600) on file that confirm he was treated for this
wound on 5, 6, 7 and 19 March 1970.  Therefore, it would be appropriate to
award him the PH and to add it to his record and separation document at
this time.

2.  The evidence of record also shows that the applicant earned the Expert
Marksmanship Qualification Badge with Rifle Bar, which was not included in
the list of awards contained on his DD Form 214, and that based on his RVN
service and campaign participation, he is entitled to the RVN Gallantry
Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class
Unit Citation, and
3 bronze service star for wear on his Vietnam Service Medal.  Therefore, it
would also be appropriate to add these awards to his DD Form 214 at this
time.

BOARD VOTE:

_AMC___  _JCR___  _LMD ___  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
awarding him the Purple Heart for being wounded in action in Vietnam on
5 March 1970; by showing his entitlement to the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, 3 bronze service stars for wear on
his Vietnam Service Medal, and the Expert Marksmanship Qualification Badge
with Rifle Bar; and by providing him a correction to his separation
document that includes these awards.




                                __Ann M. Campbell____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070007397                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/10/02                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1971/007/06                             |
|DISCHARGE AUTHORITY     |AR 635-200 C10                          |
|DISCHARGE REASON        |In Lieu of C-M                          |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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