RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2007
      DOCKET NUMBER:  AR20070008198


      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 that the Purple Heart and the Vietnam Service
Medal (VSM) be included on his Report of Transfer or Discharge (DD Form
214).

2.  The applicant states that as a result of the wound that he received in
combat, his DD Form 214 was processed prior to the update of his records.

3.  The applicant provides in support of his application a copy of the
certificate awarding him the Purple Heart and a copy of his 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 was inducted into the Army on 21 March 1968 and he
successfully completed his training as a light vehicle driver.

3.  He was promoted to the pay grade of E-2 on 21 July 1968 and he was
promoted to the pay grade of E-3 on 23 July 1968.  He was transferred to
Vietnam on 26 July 1968 and he was assigned to Company E, 1st Battalion,
14th Infantry Regiment, 4th Infantry Division.  He was promoted to the pay
grade of E-4 on 20 January 1969.

4.  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 V, which extended from 1 July through 1
November 1968; and (2) the Vietnam Counteroffensive, Phase VI, which
extended from 2 November 1968 through 22 February 1969.



5.  His DA Form 20 also shows that he sustained a laceration to his back on
15 March 1969, while he was in Vietnam serving in the pay grade of E-4 and
that his wound required hospitalization.

6.  A review of the Vietnam Casualty Roster shows that the applicant was
wounded in action on 15 March 1968 while he was in Vietnam

7.  The applicant was transferred to the Continental United States on 2
April 1969 and he was hospitalized in Phoenixville, Pennsylvania.  He was
transferred to Fort Leonard Wood, Missouri on 26 September 1969.

8.  On 20 March 1970, the applicant was discharged at the expiration of his
term of service.  The DD Form 214 that he was furnished at the time of his
discharge shows that he was awarded the National Defense Service Medal, the
Vietnam Service Medal, the Combat Infantryman Badge, the Republic of
Vietnam Campaign Medal, one Overseas Service Bar, and the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar.

9.  The certificate that the applicant submitted in support of his
application shows that he was awarded the Purple Heart on 9 April 1969, for
wounds received in action on 15 March 1969, while in the Republic of
Vietnam, serving in the rank of Specialist Four (E-4).

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

11.  Record shows the applicant was awarded the Vietnam Service Medal.
Additionally, records show the applicant participated in two campaigns
while serving in the Republic of Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD 214 shows that he was awarded the Vietnam Service
Medal and the decoration is currently reflected on his DD Form 214.
However, he is entitled to two bronze service stars to be affixed to his
Vietnam Service medal based on his campaign credits.  Therefore, his DD
Form 214 should be corrected to show award of the two bronze service stars.




2.  The applicant was awarded the Purple Heart on 9 April 1969; however,
the Purple Heart was never annotated on his DD Form 214.  His records show
that he sustained a laceration to his back on 15 March 1969.  The Vietnam
Casualty Roster shows that he was wounded on 15 March 1969.  The
certificate that he submitted in support of his application shows that he
wounded on 15 March 1969 and that he was awarded the Purple Heart on 9
April 1969.  In the interest of justice it would now be appropriate to
include the Purple Heart to his DD Form 214.

3.  In addition, the applicant is entitled to award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation in accordance with
Department of the Army General Order Number 8, dated 1974, and two bronze
service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  Accordingly, it would appropriate 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 wounds received in action on 9
April 1969;

      b.  deleting the Vietnam Service Medal;

      c.  adding the Vietnam Service Medal with two bronze service stars;



      d.  adding the Republic of Vietnam Gallantry Cross with Palm Unit
Citation; and

      e.  providing the applicant a correction to his DD Form 214 to show
these changes.




                                  ___Richard T. Dunbar____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070008198                           |
|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/AWARDS & DECORATIONS           |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.  140                 |107.0094/RVGC W/PALM                    |
|4.  189                 |110.0000/SEPARATION DOCUMENT            |
|5.  1                   |110.0400/ADD APPROVED AWARDS            |
|6.                      |                                        |


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