RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            06 MAY 2004
      DOCKET NUMBER:   AR2004102264


      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. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Mr. Ronald J. Waver               |     |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.

2.  The applicant states he was wounded in 1968, however, his separation
document does not reflect award of the Purple Heart.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error occurred on 31
October 1968.  The application submitted in this case is dated 7 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.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 1 February 1967.  He was trained as an
infantryman and assigned to Vietnam in August 1967.

4.  The applicant was initially assigned to the 503rd Infantry but
subsequently reassigned to Company F of the 51st Infantry, in October 1967,
as a radio operator (05B).

5.  In May 1968 the applicant was awarded an Army Commendation Medal with
"V" device for his heroic actions on 2 March 1968.  Orders issued by the II
Field Force confirmed the award.  He was also awarded the Bronze Star Medal
with "V" device for his heroic actions on 2 May 1968.  Orders issued by the
II Field Force also confirmed that award.  While both award citations note
that the applicant was exposed to intense enemy fire, neither award
citation indicates that the applicant was wounded during either action.

6.  The applicant's Department of the Army Form 20 (Enlisted Qualification
Record) indicates that he was transferred to a hospital in Japan in June
1968 and subsequently assigned to the Medical Holding Company at Valley
Forge General Hospital in July 1968 where he was released from active duty
on 31 October 1968 under an Army early release program.  Neither his
Department of the Army Form 20, nor his separation document reflect
entitlement to the Purple Heart, and item 40 (wounds) on his Department of
the Army Form 20 is blank.

7.  There were no medical records provided by the applicant or available to
the Board.  The applicant’s name was not among a list of individuals
reported as combat casualties during the Vietnam War.

8.  Although the applicant's separation document does not reflect
entitlement to the Purple Heart, it does reflect other awards the applicant
received during his period of military service, including, among others,
his weapon qualification badges, Combat Infantryman Badge, Parachutist
Badge, and Vietnam Service Medal.  However, the "V" device was omitted from
the Army Commendation Medal reflected on his separation document.

9.  Following the applicant's 1968 release from active duty, the applicant
did return to military service in April 1971 but was ultimately discharged
under honorable conditions, at his request, under the provisions of Army
Regulation 635-200, Chapter 10 in lieu of trial by court-marital, in March
1973 following two periods of AWOL (absent without leave).

10.  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.

11.  A review of Department of the Army Pamphlet 672-3 indicates that the
applicant would have participated in three designated campaigns (Vietnam
Counteroffensive Phases III and IV, and TET Counteroffensive) while in
Vietnam. His campaign participation should be reflected by three bronze
service stars on the Vietnam Service Medal which is reflected on his 1968
separation document.  The pamphlet also notes that the 503rd Infantry was
awarded a Republic of Vietnam Gallantry Cross Unit Citation with Palm while
the applicant was assigned and that Company F of the 51st Infantry was
awarded a Valorous Unit Award and a Republic of Vietnam Gallantry Cross
Unit Citation with Palm while the applicant was assigned to that
organization.  The unit awards and bronze service stars were omitted from
the applicant's 1968 separation document.

12.  Army Regulation 600-8-22 also states that the Republic of Vietnam
Campaign Medal was awarded to individuals who served in Vietnam for at
least  6 months between 1 March 1961 and 28 March 1973.  This foreign award
was omitted from the applicant's 1968 separation document.





DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, there is no medical evidence which confirms that the
applicant was wounded as a result of hostile action while in Vietnam.  In
the absence of such evidence, there is no basis for an award of the Purple
Heart.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 October 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 October 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

__TDH __  __JEA __  __RJW__  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 a "V Device on his Army Commendation
Medal, three bronze service stars on his Vietnam Service Medal, two awards
of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, a
Valorous Unit Award, and the Republic of Vietnam Campaign Medal.




            __Thomas D. Howard, Jr.__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102264                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040506                                |
|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.                      |                                        |