RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2008
      DOCKET NUMBER:  AR20070014687


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Roland S. Venable             |     |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 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 that he received a Purple Heart on 14 May 1969,
but it was never put on his DD Form 214.

3.  The applicant provides a Purple Heart award certificate.

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 was inducted into the Army on 17 September 1968.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant’s DD Form 214 shows he arrived in Vietnam on 20 April
1969.

4.  The applicant provided an award certificate showing he was wounded in
action on 14 May 1969.  He is listed on the Vietnam Casualty Roster as
being wounded on 14 May 1969.

5.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number
12785, dated 7 October 1969, awarded the applicant the Army Commendation
Medal for meritorious achievement for the period 1 May 1969 to 30 September
1969.  The standard name line of these orders noted the applicant was
assigned to Company B, 1st Battalion, 506th Infantry.

6.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number
235, dated 14 January 1970, awarded the applicant the Army Commendation
Medal with “V” device (First Oak Leaf Cluster) for heroism while serving as
a rifleman in Company B, 1st Battalion, 506th Infantry.  This unit is also
the unit shown in the standard name line of the orders.

7.  The applicant’s DD Form 214 shows he departed Vietnam on 4 April 1970.
He was credited with participation in three campaigns.

8.  The applicant was honorably released from active duty on 13 October
1970.  He was separated on temporary records.

9.  The applicant’s DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal with device (1960), two overseas bars, the Sharpshooter Marksmanship
Qualification Badge (Rifle M-14), and the Sharpshooter Marksmanship
Qualification Badge (Rifle M-16).

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 a medical officer, and the medical treatment must have been
made a matter of official record.

11.  Army Regulation 600-8-22 provides for the award of the Combat
Infantryman Badge to a Soldier who is an infantryman satisfactorily
performing infantry duties, who is assigned to an infantry unit during such
time as the unit is engaged in active ground combat, and who actively
participates in such ground combat.

12.  Army Regulation 600-8-22 authorizes award of a bronze service star,
based on qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal, including the Vietnam Service Medal.


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 that, at the time of the
applicant's assignment to the 1st Battalion, 506 Infantry, it was cited for
award of the Presidential Unit Citation for the period 10 through 21 May
1969 by Department of the Army General Orders Number 16, dated 1972.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 1st Battalion, 506 Infantry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period   19 July 1968 through 14 May 1969 by Department of the Army
General Orders Number 43, dated 1970.
15.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 1st Battalion, 506 Infantry, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 3 October 1968 through 2 May 1970 by Department of
the Army General Orders Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a Purple Heart award certificate to show he was
wounded on 14 May 1969.  His name is listed on the Vietnam Casualty Roster
as being wounded on 14 May 1969.  These documents are accepted as
sufficient evidence to add the Purple Heart to his DD Form 214.

2.  The applicant was awarded the Army Commendation Medal for meritorious
achievement during the period 1 May 1969 to 30 September 1969.  The orders
noted he was assigned to Company B, 1st Battalion, 506th Infantry.  He was
awarded the Army Commendation Medal with “V” device for heroism on orders
dated 14 January 1970.  His unit is noted as Company B, 1st Battalion,
506th Infantry in the standard name line.  He departed Vietnam in April
1970.  These orders are accepted as sufficient evidence to presume that he
was assigned to the 1st Battalion, 506th Infantry the entire time he was in
Vietnam.

3.  The applicant’s DD Form 214 should be amended to show he was awarded
the above two Army Commendation Medals.

4.  The applicant was an infantryman assigned to an infantry unit.  Because
he was wounded in action and because he was awarded an Army Commendation
Medal for heroism while serving as a rifleman, it appears that he also met
the eligibility criteria for award of the Combat Infantryman Badge.
Although he separated on temporary records, any reasonable doubt should be
resolved in his favor.

5.  The applicant was credited with participation in three campaigns and
therefore is eligible to wear three bronze service stars on his Vietnam
Service Medal.

6.  The applicant was assigned to a unit during a period of time that unit
was awarded the Presidential Unit Citation, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  These unit awards should be
added to his DD Form 214.

BOARD VOTE:

__jbg___  __dws___  __rsv___  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
amending his DD Form 214 to add the Purple Heart, two awards of the Army
Commendation Medals (one with “V” device), the Combat Infantryman Badge,
the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation and to show he is eligible to wear three
bronze service stars on his already-awarded Vietnam Service Medal.




                            __James B. Gunlicks___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070014687                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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