RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2007
      DOCKET NUMBER:  AR20070003735


      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. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 award of the Purple Heart and Combat Infantryman
Badge.

2.  The applicant states that he was shot in the left thigh and upper arm
while he was in Vietnam.  He states that while he was hospitalized he wrote
several times about his Purple Heart and his Combat Infantryman Badge and
he was told that the finance and personnel building burned and blew up.  He
states that he forgot all about his awards and never inquired about them
anymore.

3.  The applicant provides in support of his application a copy of his
Certificate of Release or Discharge from Active Duty (DD Form 214) for the
period covering 12 July 1978 through 31 August 1990; and a copy of a Report
of Medical Examination dated 19 November 1968.

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 28 July 1961 and he
successfully completed his training as a light weapons infantryman.  On
28 September 1961, he reenlisted in the Army for 3 years.

3.  He was promoted to the pay grade of E-2 on 28 November 1961; promoted
to the pay grade E-3 on 4 April 1962; promoted to the pay grade of E-4 on
31 August 1962; and promoted to the pay grade E-5 on 4 December 1963.

4.  The applicant reenlisted in the Army for 6 years on 28 September 1964,
while serving in the pay grade of E-5 and he was transferred to Vietnam on
6 June 1966 and assigned to Company A, 4th Battalion, 503rd Infantry
Regiment.  He remained on active duty through a series of reenlistments.
5.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
while in Vietnam, he participated in the following campaigns: (1) the
Vietnam Counteroffensive Phase I; and (2) the Vietnam Counteroffensive
Phase II.  His DA Form 20 also shows that he was awarded the Expert
Marksmanship Qualification Badge (Rifle M-16).

6.  His DA Form 20 further shows that he suffered a gunshot wound to his
left leg and hip; however, the date that he was wounded was not annotated.
Two months after his arrival in Vietnam, he was transferred to the United
States Army
Hospital Specialized Treatment Center at Fort Gordon, Georgia, on 3 August
1966.  He remained hospitalized until 3 July 1967 when he was transferred
to Fort Bragg, North Carolina.

7.  A periodic medical examination was conducted on the applicant on
19 November 1968.  His Report of Medical Examination shows that during the
examination, the attending physician noted that he had suffered a gunshot
wound to his left hip and left arm; that he remained hospitalized for
11 months at Fort Gordon, Georgia; and that he was placed on a P-3 Physical
Profile.  The date that he was wounded is not annotated on his Report of
Medical Examination.

8.  The applicant was retired for length of service on 31 August 1990 and
he was transferred to the United States Army Reserve Control Group
(Retired).  The DD Form 214 that he was furnished at the time of his
retirement shows that he was awarded the Meritorious Service Medal, the
Army Commendation Medal (Third Oak Leaf Cluster), the Army Achievement
Medal, the Army Good Conduct Medal (Ninth Award), the National Defense
Service Medal, the Vietnam Service Medal w/two Bronze Service Stars, the
Army Service Ribbon, five Overseas Service Ribbons, the Republic of Vietnam
Gallantry Cross w/Palm Unit Citation; the Republic of Vietnam Campaign
Medal w/Device "1960", and the Parachutist Badge.  His award of the Expert
Marksmanship Qualification Badge (Rifle M-16) was never included on his DD
Form 214.

9.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and
Awards) provided, in pertinent part, for award of the Purple Heart.  The
regulation stated that authority to award the Purple Heart was delegated to
hospital commanders.  Further, it directed that all personnel treated and
released within 24 hours will be awarded the Purple Heart by the
organization to which the individual is assigned.  Personnel requiring
hospitalization in excess of 24 hours or evacuation from Vietnam will be
awarded the Purple Heart directly by the hospital commander rendering
treatment.

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.  Army Regulation 600-8-22 also provides, in pertinent part, that the
Combat Infantryman Badge is awarded to infantry officers and to enlisted
and warrant officer persons who have an infantry military occupational
specialty (MOS).  They must have served in active ground combat while
assigned or attached to an infantry unit of brigade, regimental or smaller
size.  The Awards Branch of the U.S. Army Human Resources Command (formerly
known as the Total Army Personnel Command) has advised, in similar cases,
that during the Vietnam era the Combat Infantryman Badge was awarded only
to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or
11H.

DISCUSSION AND CONCLUSIONS:

1.  Based on the available information, it appears that the applicant is
entitled to award of the Purple Heart and the Combat Infantryman Badge.

2.  Although his records fail to reflect the exact date that he was
wounded, his records do indicate that he suffered a gunshot wound to his
left leg and hip; that he was a patient in the hospital on 3 August 1966
which was 2 months after his arrival in Vietnam; and that he was
hospitalized until he was transferred to Fort Bragg, North Carolina, on 3
July 1967.

3.  The applicant was in Vietnam, serving in an infantry military
occupational specialty and he was assigned to an infantry regiment.  It is
reasonable to conclude that he was engaged in ground combat with enemy
forces at the time that he suffered the gunshot wound to his left leg and
hip; and that his wounds were the result of hostile action by enemy forces.
 The wound required medical treatment and the incident was documented in
his official record.

4.  In accordance with the applicable regulation and based on the available
documentation, the applicant meets the criteria for award of the Purple
Heart and the Combat Infantryman Badge and these decorations should be
included on his DD Form 214.

5.  The date that he was wounded should be established as 2 August 1966,
the day before he was hospitalized at Fort Gordon, Georgia.
6.  His records also show that he was awarded the Expert Marksmanship
Qualification Badge (Rifle M-16) and that this decoration should have been
included on his DD Form 214 at the time of his retirement.  Therefore, it
would now be in the interest of justice to correct the applicant's records
as recommended below.

BOARD VOTE:

__RTD___  __CAD__  __EEM__  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 gunshot wounds that he
sustained to his left leg and hip on 2 August 1966, while serving in
Vietnam, in pay grade of
E-5;

      b.  awarding him the Combat Infantryman Badge; and

      c.  amending his DD Form 214 to show that he was awarded the Purple
Heart, Combat Infantryman Badge, and the Expert Marksmanship Qualification
Badge with Rifle Bar (M-16).




                                  ___Richard T. Dunbar____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070003735                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/PURPLE HEART                   |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.  157                 |107.0111/CIB                            |
|4.  154                 |107.0108/EXPERT MARKSMAN QB             |
|5.                      |                                        |
|6.                      |                                        |


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