RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 July 2007
      DOCKET NUMBER:  AR20070002165


      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. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. James R. Hastie               |     |Member               |

      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 reconsideration of his request for award of the
Purple Heart.

2.  The applicant states, in effect, that he was wounded when he was in
Vietnam and that he should have been awarded the Purple Heart.

3.  The applicant provides in support of his application, a copy of a
Chronology Record of Medical Care dated 30 December 1968; and a copy of a
portion of his separation Report of Medical Examination.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2002078896 on 20 March 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  On 9 June 1967, the applicant was inducted into the Army in Albany, New
York, and he successfully completed his training as a light weapons
infantryman. He was transferred to Vietnam on 13 October 1967.

4.  The applicant's Enlisted Qualification Record (DA Form 20) indicates
that he served in Vietnam through 9 November 1968.  It also indicates that
he was wounded in both shoulders, face and right leg.  However, the DA Form
20 fails to show the date that he was wounded.

5.  The Chronological Record of Medical Care that the applicant submitted
in behalf of his application indicates that on 3 March 1969, he complained
of stiffness and soreness in his shoulders as a result of his wounds.


6.  The applicant underwent a medical examination on 28 April 1969, prior
to his separation from the Army.  The attending physician noted on the
Report of Medical Examination that the applicant suffered from shrapnel
wounds to his head, right leg, and shoulders which occurred on 1 August
1968, while he was in Vietnam.

7.  The applicant was honorably released from active duty (REFRAD) on 6
June 1969, at the expiration of his term of service.  He had completed 1
year, 11 months, and 28 days of net active service.  The Report of Transfer
or Discharge (DD Form 214) that the applicant was furnished at the time of
his REFRAD fails to show the award of the Purple Heart.

8.  On 7 August 2002, the applicant submitted an application to this Board
requesting that he be awarded the Purple Heart among other decorations.
His request for award of the Purple Heart was denied by the Board on 20
March 2003.

9.  Army Regulation 600-8-22 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, and the
medical treatment must have been made a matter of official record.  This
regulation also provides that there are no time limitations for requests
for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  A review of the available records indicates that the applicant is
entitled to the Purple Heart.  The evidence of record suggests that he was
wounded as a direct result of hostile action by enemy forces on 1 August
1968.

2.  The applicant's wounds were documented and treated by medical
personnel.  In accordance with the applicable regulation, it would be
appropriate to correct his records to show that he was wounded in action
and to award him the Purple Heart.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 June 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 5 June 1972.  However, there is no statute of limitations on
requests for award of the Purple Heart; therefore, the issues will be
decided on the overall merits of the case.

BOARD VOTE:

__JRH___  __JI____  __RML___  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
amendment of the ABCMR’s decision in Docket Number AR2002078896, dated
20 March 2003.  As a result, the Board recommends that all Department of
the Army records of the individual concerned be corrected by publishing
orders awarding him the Purple Heart for wound received in action against
enemy forces on 1 August 1968, while in Vietnam, serving in the rank of
specialist (E-4) and amending his DD Form 214 accordingly.




                                  ____John Infante___________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002165                           |
|SUFFIX                  |                                        |
|RECON                   |20030320                                |
|DATE BOARDED            |20070724                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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