RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            17 JUNE 2004
      DOCKET NUMBER:   AR2004101643


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Ms. Mae Bullock                   |     |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 the Purple Heart.  He also asks that he
be issued all of the "medals" that he received while in the Army.

2.  The applicant states, in effect, that he was hit in a combat zone in
March 1969 while in Vietnam and had shrapnel removed several months later
at Fort Hood, Texas.  He states that the incident caused mental problems
and he is still having a lot of difficulty.

3.  The applicant provides a copy of his separation document and a copy of
his Department of the Army Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 July 1971.  The application submitted in this case is
dated
9 November 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.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 14 July 1969.  His enlistment physical
examination did not reflect any scars or medical defects.

4.  The applicant successfully completed basic and advanced individual
training and in December 1969 was assigned to Vietnam as a scout observer.
He was initially assigned to the 3rd Squadron, 2nd Infantry, and in April
1970 was reassigned to the 3rd Squadron, 5th Cavalry.

5.  In December 1970 he returned to the United States and was assigned to
Fort Hood, Texas.

6.  According to a 2 June 1971 medical treatment document, the applicant
was seen at the Mental Health Clinic at Fort Hood.  The document noted that
the applicant was being evaluated for nervousness and anxiety.  It stated
that the applicant had been seen several times in group sessions, and in
individual therapy, and that although he was anxious it was "not to the
point of it being debilitating."
7.  The applicant's 2 June 1971 separation physical examination noted that
the applicant was under the care of the Mental Health Clinic for
nervousness and that he had a laceration scar on his right eyebrow.  The
document did not make reference to any wounds sustained as a result of
hostile action or that he had any shrapnel removed from his head.  There
were no other service medical records available to the Board, or provided
by the applicant.

8.  On 13 July 1971 the applicant was released from active duty.  His
separation document indicates that he was awarded the National Defense
Service Medal, Vietnam Service Medal with two bronze service stars, the
Combat Infantryman Badge, Republic of Vietnam Campaign Medal, Bronze Star
Medal, and that he qualified as a sharpshooter with the M-14 rifle, an
expert with the M-16 rifle, and an expert with the M-60 machine gun.

9.  Orders contained in the applicant's file indicate that his Bronze Star
Medal was awarded for meritorious service during the period December 1969
to December 1970 while he was in Vietnam.  His records do not indicate
award of the Purple Heart and item 40 (wounds) on his Department of the
Army Form 20 is blank.

10.  A 9 August 1972 statement from the Department of Veterans Affairs in
Allen Park, Michigan, notes that the applicant was seen on 3 September 1971
at the Mental Hygiene Clinic with a complaint of being anxious, unstable,
anti-social and having butterflies in his stomach.  He was diagnosed with
anxiety reaction "due to unstable adjustment from military to civilian
life…."  The statement indicated that the applicant was seen on four more
occasions and was last seen at the clinic in April 1972.  The statement
made no mention of the applicant having been wounded in action.

11.  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.

12.  A review of Department of the Army Pamphlet 672-3 notes that the
applicant's unit (2nd Battalion, 2nd Infantry) was awarded the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation while he was a
member of the organization.  The pamphlet also notes that the applicant
would have participated in three designated campaign periods (Vietnam
Winter-Spring 1970, Sanctuary Counteroffensive, Vietnam Counteroffensive
Phase VII) while in Vietnam and as such would be entitled to three bronze
service stars on his Vietnam Service Medal instead of just the two
currently recorded.

13.  Department of the Army Pamphlet 672-3 also 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 applicant has not provided any compelling medical
evidence which confirms that he was wounded as a result of hostile action
while in Vietnam.  Although his separation physical does indicate that he
had a scar on his right eyebrow, which was not recorded on his entrance
physical examination, there is no indication that the scar was the result
of hostile action.

2.  The fact that the applicant may have been treated for anxiety and/or
nervousness is not evidence of any combat incurred wound or injury and it
is noted that his medical treatment document makes no mention of any combat
wounds.

3.  In the absence of more compelling medical evidence that the applicant
was wounded in action, there is no basis for an award of the Purple Heart.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 July 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
12 July 1974.  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.

5.  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

__MP ___  __WP___  __MB ___  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 Civil Actions
Honor Medal First Class Unit Citation, three bronze service stars on his
Vietnam Service Medal instead of just the two currently recorded, and the
Republic of Vietnam Gallantry Cross Unit Citation with Palm.  The applicant
should also be issued replacement decorations for all of the awards and
decorations currently listed on his separation document.




            ___Margaret Patterson____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101643                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040617                                |
|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.                      |                                        |