RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 October 2007
      DOCKET NUMBER:  AR20070007737


      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:

|     |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, in effect, award of the Purple Heart (PH).

2.  The applicant states, in effect, he was wounded by an enemy booby trap
while serving in the Republic of Vietnam (RVN).  He believes the paperwork
completed for the PH at the fire support base aid station was either lost,
destroyed or misplaced and did not get forwarded to company headquarters
for processing.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Letter; Letter Home; Third-Party Letter; and
Separation Document (DD Form 214).

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 and entered
active duty on 4 October 1966.  He was trained in and awarded military
occupational specialty (MOS) 11B (Infantryman) and sergeant (SGT) was the
highest rank he attained while serving on active duty.

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 2 April 1967 through 1 April 1968.  Item 38 (Record
of Assignments) shows that during his RVN tour, he was assigned to Company
D, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade,
performing duties in MOS 11B as a grenadier, scout observer and squad
leader.  Item 38 also shows that the applicant received no less than
"Excellent" conduct and efficiency ratings at all of his active duty
assignments.
4.  Item 40 (Wounds) of the applicant's DA Form 20 contains an entry that
indicates the applicant was wounded in action in the RVN on 28 November
1967.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains
Special Orders issued at Fort Polk, Louisiana, which confirm the applicant
qualified as a Expert with the M-16 Rifle and the 81 MM Mortar, and as a
Marksman with the .45 Caliber Pistol.

6.  The applicant's MPRJ is void of any derogatory information or of a unit
commander disqualification that would have precluded the applicant from
receiving the Army Good Conduct Medal (AGCM).

7.  On 3 October 1968, the applicant was honorably released from active
duty after completing 2 years of active military service.  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of the DD Form 214 he was issued at the time shows
he earned the following awards during his active duty tenure:  National
Defense Service Medal; Army Commendation Medal; Vietnam Service Medal; RVN
Campaign Medal; Combat Infantryman Badge; and Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.

8.  The applicant provides a third-party electronic mail (e-mail) message
from a retired United States Army major, who indicates he was the
applicant's unit commander in the RVN.  This individual states that during
the end of November 1967, while the applicant was serving as a squad
leader, he tripped a bamboo booby trap and wounded himself and another
Soldier.  He states that since the applicant's wounds were not life
threatening, medical evacuation was put off until the next day, at which
time he was treated at the battalion aid station.

9.  The applicant also provides a letter he wrote home to his parents on
29 November 1967, in which he explains how he was wounded by a booby trap,
treated for the wounds he received, and given the PH.

10.  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 the RVN on 28 November 1967.

11.  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.

12.  Paragraph 2-8g of the awards regulation contains a list of examples of
enemy related wounds that clearly justify award of the PH.  This list
includes injuries caused by enemy placed mine or trap.

13.  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.

14.  Table B-1 of the awards regulation contains a list of RVN campaigns.
It shows that during the applicant's tenure of assignment in the RVN,
participation credit was granted for the Vietnam Counteroffensive Phase II,
Vietnam Counteroffensive Phase III, and the Tet Counteroffensive campaigns.


15.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

16.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

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 includes an entry in Item
40 of the applicant's DA Form 20 that confirms he was wounded in action in
the RVN on 28 November 1967.  This is corroborated by an entry on the
Vietnam Casualty Roster, the official DA list of RVN casualties, which also
verifies the applicant was wounded in action in the RVN on 27 November
1967.  Therefore, it would be appropriate to award the applicant the PH and
to add it to his record and separation document at this time.

2.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of derogatory information or a specific unit commander disqualification
that would have precluded him from receiving the AGCM.  As a result, it
would be appropriate to award the applicant the first award of the AGCM,
for his qualifying period of honorable active duty service from 4 October
1966 through 3 October 1968.

3.  The evidence of record also shows that the applicant earned the Expert
Marksmanship Qualification Badge with Rifle Bar (M-16) and Mortar Bar
(81 MM), and Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 Cal), which were not included in the list of awards contained on his
DD Form 214.  It further confirms that based on his RVN service and
campaign participation, he is entitled to the RVN Gallantry Cross with Palm
Unit Citation and 3 bronze service stars with his Vietnam Service Medal.
Therefore, it would also be appropriate to add these awards to his DD Form
214 at this time.

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 all
Department of the Army records of the individual concerned be corrected by:

      a.  awarding him the Purple Heart for being wounded in action in
Vietnam on 28 November 1967;

      b.  awarding him the Army Good Conduct Medal for his qualifying
honorable active duty service from 4 October 1966 through 3 October 1968;

      c.  amending Item 24 of his 3 October 1968 DD Form 214 by deleting
the current list of awards and replacing it with the following entry
"National Defense Service Medal, Army Commendation Medal, Purple Heart,
Army Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars,
Republic of Vietnam Campaign Medal with Device 1960, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert
Marksmanship Qualification Badge with Rifle and Mortar Bars, Sharpshooter
Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship
Qualification Badge with Pistol Bar"; and

      d.  providing him a correction to his separation document that
includes these changes.




                            _____Hubert O. Fry______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070007737                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/10/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/10/03                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Ms. Matrino                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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