RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2007
      DOCKET NUMBER:  AR20070008364


      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. John Slone                    |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. David W. Tucker               |     |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.

2.  The applicant states, in effect, that he was wounded twice while in the
Republic of Vietnam (RVN) and has earned a Purple Heart.

3.  The applicant provided a copy of his DD Form 214, a self-authored
statement, and a copy of page 4 of his DA Form 20 (Enlisted Qualification
Record) 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 he was inducted into the Army of the
United States on 7 November 1967.  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 Sergeant (E-5).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 25 April 1968 through
24 April 1969, performing duties in MOS 11B, Auto Rifleman, and that during
his RVN tour he was assigned to the 1st Battalion, 14th Infantry Regiment,
4th Infantry Division.

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),
Republic of Vietnam Campaign Medal (RVNCM), the Army Commendation Medal
(ARCOM),
two Overseas Service Bars, the Good Conduct Medal (GCMDL), Marksman
Marksmanship Qualification Badge with Rifle Bar (M-16), and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  On 6 November 1969, the applicant was honorably released from active
duty after completing a total of 2 years of active military 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 NDSM, GCMDL, VSM, RVNCM, ARCOM, Expert Marksmanship
Qualification Badge with Rifle Bar (M-14); Marksman Marksmanship
Qualification Badge with Rifle Bar (M-16); and the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar (M-60).

6.  Section 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.  Section 41 (Awards and Decoration) of
the applicant's DA Form 20 does not show award of the Purple Heart.

7.  Section 42 (Remarks) of the applicant’s DA Form 20 (Service Record)
shows that the applicant received fragmentation wounds to his back left leg
on 7 June 1968.

8.  The applicant's name is listed on the Vietnam Casualty Roster for
wounds received in action on 7 June 1968.

9.  In the applicant’s self-authored notarized statement, dated 27 May
2007, he states that he was wounded twice while assigned to the RVN.  The
applicant states that the first time he received shrapnel wounds was to his
upper left leg,
1-2 weeks after he was assigned to the 1st Battalion, 14th Infantry
Regiment.  He states that he was wounded a second time, receiving wounds on
his back, back of left leg, and knee on 8 June 1968.

10.  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 military medical personnel, and the medical treatment must
have been made a matter of official record.

11.  A review of the applicant’s record indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in three campaigns during his service in
Vietnam.  This document shows that the applicant participated in the
Vietnam Counteroffensive, Phase IV Campaign; the Vietnam Counteroffensive,
Phase V Campaign; the Vietnam Counteroffensive, Phase VI Campaign; and the
TET 69 Counteroffensive 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 the 1st Battalion, 14th Infantry, was cited for award of the
RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968
to 28 July 1969 by Department of the Army General Orders Number 3, and
dated 1970.

14.  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 RVN Civil Actions Honor Medal,
First Class, Unit Citation for the period 1 August 1967 to 31 October 1969
by Department of the Army General Orders Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

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

2.  The Vietnam Casualty Roster shows the applicant is listed once as
wounded in enemy action on 7 June 1968.  Evidence of record confirms that
the applicant was wounded once while assigned to the RVN.  Therefore, his
records should be corrected to show award of one Purple Heart for wounds
received as a result of hostile actions on 7 June 1968.

3.  General Orders show the 1st Battalion, 14th Infantry Regiment was
awarded the RVN 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.



4.  General Orders show the 1st Battalion, 14th Infantry Regiment was
awarded the RVN Civil Actions Honor Medal, First Class, 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:

________  ________  ________  GRANT FULL RELIEF

___JS___  ___JTM _  ___DWT_  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  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 for wounds received as a result of hostile action on 7 June
1968; the RVN Gallantry Cross with Palm Unit Citation; the RVN Civil
Actions Honor Medal, First Class, Unit Citation; and four bronze service
stars to be affixed to his already-awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
a second award of the Purple Heart.




                            ______John Slone______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070008364                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/10/18                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT Partial                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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