RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         02 NOVEMBER 2004
      DOCKET NUMBER:  AR2004103297


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Joe Schroeder                 |     |Member               |
|     |Mr. Robert Duecaster              |     |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, Republic of Vietnam
Campaign Medal, and the Marksman Badge for the M-14 rifle.

2.  The applicant states that he deserves the medals and he wants them.

3.  The applicant provides a letter to this agency from a Member of
Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 November 1967.  The application submitted in this case
is dated   5 February 2004.

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 was inducted into the Army on 17 December 1965, completed
basic training at Fort Polk, Louisiana, where he qualified as a marksman
with the M-14 rifle.  In March 1966 he was assigned to Fort Bliss, Texas
and was trained as an artilleryman.  He was AWOL from 7 June 1966 to 18
June 1966.  In November 1966 he transferred with his unit, D Battery, 71st
Artillery, to Vietnam.
He completed his tour of duty in Vietnam and in November 1967 returned to
the United States.  The applicant participated in two campaigns during his
tour, and the 71st Artillery was awarded the Meritorious Unit Commendation,
the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for
its actions during the applicant's assignment to that organization.

4.  The applicant was released from active duty at Oakland, California on
          2 November 1967.  His DD Form 214 shows award of the National
Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign
Medal, and the Marksman Badge for the M-14 rifle.  It does not show award
of the Purple Heart.  The applicant's DA Form 20 (Enlisted Qualification
Record) lists those same awards, but also does not show award of the Purple
Heart, nor does it show that he was wounded in action.
5.  There is no evidence, and the applicant has not provided any to show
that he was wounded in action.  The Vietnam Casualty Roster maintained at
this agency does not list the applicant as having been wounded in action.


6.  Army Regulation 600-8-22 provides 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, and the medical treatment must have
been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was wounded in action.  He is
not entitled to award of the Purple Heart.

2.  The applicant's DD Form 214 shows award of the Vietnam Campaign Medal
and the Marksman Badge for the M-14 rifle, the other awards that he is
requesting.  Consequently, there is no action for the Board to take in this
regard.

3.  The applicant is entitled to award of the Vietnam Service Medal with
two bronze service stars (one for each campaign), the Meritorious Unit
Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with
Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.
4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 November 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on      1 November 1970.  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 timely 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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MP __  ___JS___  ___RD __  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 award of the Vietnam Service Medal with two bronze
service stars, the Meritorious Unit Commendation, the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.



                                  ____Margaret Patterson_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103297                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041104                                |
|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.                      |                                        |


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