RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           13 APRIL 2004
      DOCKET NUMBER:   AR2003097747


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Roger W. Able                 |     |Chairperson          |
|     |Mr. Robert J. Osborn II           |     |Member               |
|     |Ms. Yolanda Maldonado             |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 two additional Purple Hearts and a
Bronze Star Medal.

2.  The applicant states he was wounded in February 1966 and received a
Purple Heart for that wound.  He states that a Bronze Star Medal was also
pinned to his pillow following the February 1966 engagement however, that
award was never recorded on his separation document.

3.  The applicant states in a letter to his congressional representative
that he was also wounded in May 1966 when he was hit in the arm by a sniper
and then again in August 1966 when he sustained shrapnel wounds to his leg.

4.  The applicant provides no evidence, beyond his self-authored statement
and copies of correspondence from his congressional representative.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error which occurred on
25 January 1968.  The application submitted in this case is dated 9 October
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 limitation 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.  The applicant requested correction of his records to show award of the
Bronze Star.  There are no orders or other evidence authorizing award of
this decoration.  In the absence of a proper award authority for this
decoration, the applicant may request award of the Bronze Star Medal under
the provisions of Section 1130 of Title 10, United States Code.  The
applicant has been notified by separate correspondence of the procedures
for applying for this decoration under Section 1130 and, as a result, it
will not be discussed further in the Record of Proceedings.

4.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of documents provided by the applicant in his request to the Board
and a copy of his separation document.

5.  Information which is available to the Board indicates that the
applicant entered active duty on 22 January 1965 and served nearly 12
months overseas where he was awarded the Vietnam Service Medal, the Vietnam
Campaign Medal and a Purple Heart.  He was released from active duty, with
an honorable characterization of service, on 25 January 1968.

6.  There were no medical records available to the Board and none were
provided by the applicant.  The applicant’s name was not among a list of
individuals reported as combat casualties during the Vietnam War.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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.

8.  Department of the Army Pamphlet provides, in pertinent part, for award
of the Republic of Vietnam Gallantry Cross Unit Citation with Palm to all
individuals who served in Vietnam between 20 July 1965 and 28 March 1973 in
a unit which was subordinate to Headquarters, United States Army Vietnam.
The applicant’s unit was such a unit.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately the absence of the applicant's service personnel and
service medical records make it impossible to confirm if the applicant was
wounded on two additional occasions while in Vietnam.  In the absence of
such evidence, there is no basis for awarding him any additional Purple
Hearts.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 January 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
24 January 1971.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to file in this case.

3.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RWA  _  __RJO __  __YM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show entitlement to the Republic of Vietnam Gallantry Cross
Unit Citation with Palm.



            _____Roger W. Able______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003097747                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040413                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |