RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070007437


      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. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. 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 the Purple Heart 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 if awarded the Purple Heart he
would be entitled to Veteran Benefits.

3.  The applicant did not supply any documents 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 14 June 1968.  He completed basic combat training and
advanced individual training and was awarded the military occupational
specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he
attained while serving on active duty was Private (E-2).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 18 November 1968 through
15 November 1969, performing duties in MOS 11B, Light Weapons Infantryman,
and that during his RVN tour he was assigned to the 3rd Battalion, 1st
Infantry, 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
Combat Infantryman Badge (CIB), Republic of Vietnam Campaign Medal with
“60” Device, the Purple Heart, the Bronze Star Medal with “V” Device, the
Army Commendation Medal (ARCOM), the Marksmanship Qualification Badge with
Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge
with Rifle Bar (M-14).

5.  On 2 September 1970, the applicant was transferred to the United States
Army Reserve (USAR) after completing a total of 2 years active service.
Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he was awarded the Marksman Marksmanship Qualification Badge
with Rifle Bar (M-16), the Marksman Marksmanship Qualification Badge with
Rifle Bar (M-60), and two Overseas Service Bars.

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.  Section 41 (Awards and Decoration) of the applicant's DA Form 20 shows
that General Orders Number 2484, issued by the Headquarters, Americal
Division, dated 9 April 1969, awarded the applicant the Purple Heart.
Section 42 (Remarks) of the applicant’s DA Form 20 (Service Record) shows
that the applicant received wounds to this forearm on 23 February 1969.

8.  The applicant's name is not 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.  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 Valorous Unit Award for the period 11
August through
31 August 1969 by Department of the Army General Orders Number 43, dated
1972.



12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in four campaigns during his service in Vietnam.
 This document shows that the applicant participated in the Vietnam
Counteroffensive, Phase VI Campaign; The TET 69 Counteroffensive Campaign,
the Vietnam Summer-all 1969 Campaign, and the Vietnam Winter-Spring 1970
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.

13.  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 2 November 1968 to 28 February
1969 by Department of the Army General Orders Number 2, dated 1971.

DISCUSSION AND CONCLUSIONS:

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

2.  Section 41 of the applicant’s DA Form 20 shows that General Orders were
issued awarding his the Purple Heart.  Section 40 of the applicant’s DA
Form 20 shows that the applicant received wounds to his forearm.
Therefore, his records should be corrected to show award of the Purple
Heart.

3.  General Orders show the 3rd Battalion, 1st Infantry was awarded the
Valorous Unit Award, which is not shown on his separation document.
Therefore, he is entitled to correction of his records to show this award.

4.  General Orders show the 3rd Battalion, 1st Infantry 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.

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





BOARD VOTE:

___WDP_  ___LMD_  ___JLP__  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 Valorous Unit Award, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service
stars to be affixed to his already-awarded Vietnam Service Medal.




                            ____William D. Powers_____
                                      CHAIRPERSON






                                    INDEX

|CASE ID                 |AR20070007437                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/25                              |
|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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