RECORD OF PROCEEDINGS


      IN THE CASE OF:     .


      BOARD DATE:        6 January 2005
      DOCKET NUMBER:  AR20040000786


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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, in effect, that his records be corrected to
show award of the Purple Heart.

2.  The applicant states that he was shot in 1968 during a firefight.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), and a letter he sent to his
mother.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 November 1969, the date of his separation from active duty.
The application submitted in this case is dated 26 April 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's military records show that he entered active duty on
          29 November 1966.  He successfully completed basic training and
advanced individual training and was awarded the military occupational
specialty (MOS) 11C (Indirect Fire Infantryman).  He served in Vietnam from
10 December 1967 through 22 January 1969 as a member of B Troop, 2nd
Squadron, 17th Calvary, 101st Airborne Division.  He was honorably
discharged on 28 November 1969.

4.  The applicant's DD Form 214 does not show award of the Purple Heart in
item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized).

5.  There are no orders in the applicant's records that show he was awarded
the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) does not
show any entry in item 40 (Wounds) and does not list the Purple Heart in
item 41 (Awards and Decorations).  There are no medical records contained
in the available records.

6.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  The applicant submitted a self-authored letter he sent to his mother
from Vietnam that essentially explains how he was wounded by shrapnel from
a short round he fired from his own mortar.

8.  The applicant's DD Form 214 shows that he was award the Bronze Star
Medal with (First Oak Leaf Cluster).

9.  The applicant's records contain Headquarters, 101st Airborne Division
General Orders Number 7903 dated 22 October 1968, which awarded him the
Bronze Star Medal, for meritorious service in connection with military
operations against a hostile force from 1 January 1968 to 31 August 1968.

10.  The applicant's records also contains Headquarters, 101st Airborne
Division General Orders Number 10711 dated 14 December 1968, which awarded
him the Bronze Star Medal with "V" Device, for heroism in ground combat
against a hostile force in the Republic of Vietnam on 11 May 1968.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document show that, at the time of the
applicant's assignment to B Troop, 2nd Squadron, 17th Calvary, 101st
Airborne Division, it was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation based on Department of the Army General Orders
Number 21, dated 1969.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, 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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

13.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Bronze Star Medal.

14.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part,
the military campaign periods of the Vietnam War.  Based on the applicant's
dates of service in Vietnam, Appendix B shows that he participated in the
following five campaigns: Vietnam Counteroffensive, Phase III; TET
Counteroffensive; Vietnam Counteroffensive, Phase IV; Vietnam
Counteroffensive, Phase V; and Vietnam Counteroffensive, Phase VI.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Purple Heart was carefully
considered.  However, there is insufficient evidence to support this
contention.  By regulation, in order to award the Purple Heart it is
necessary to establish that a soldier was wounded in action, that the wound
required treatment by a medical officer, and the treatment record must have
been made a matter of official record.

2.  The evidence provides no confirmation that the applicant was ever
wounded/injured in action.  Item 40 of his DA Form 20 is blank.  His record
is void of any documentary evidence that shows he was ever wounded in
action, or awarded the Purple Heart.

3.  Further, the Purple Heart is not included in the list of authorized
awards listed on the applicant's DD Form 214, which he authenticated with
his signature.  His signature on the separation document indicates he
verified that the information it contained was correct.  Finally, his name
is not included on the Republic of Vietnam Casualty Roster, the official DA
list of Republic of Vietnam battle casualties.

4.  Although the veracity of the applicant's claim that he sustained his
injuries in the Republic of Vietnam is not in question, lacking any
corroborating evidence of record showing that he was treated for a
wound/injury that was the direct result of or caused by enemy action, the
regulatory burden of proof necessary to support award of the Purple Heart
has not been satisfied in this case.  As a result, his request for the
Purple Heart must be denied in the interest of all those who served in the
Republic of Vietnam and who faced similar circumstances.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 November 1969.  Therefore, the time
for the applicant to file a request for correction of an error or injustice
expired on    27 November 1972.  Although the applicant did not file within
the ABCMR's statute of limitations, it is appropriate to waive failure to
timely file in this case based on the fact there is no statute of
limitations on requests for award of the Purple Heart.

6.  Orders show the applicant was awarded his first Bronze Star Medal on
     22 October 1968 and his second Bronze Star Medal with a "V" Device on
        14 December 1968.  Therefore, his DD Form 214 should be changed to
show the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device.

7.  The evidence shows that based on his service and campaign participation
in the Republic of Vietnam, the applicant is entitled to the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and a silver service star
for wear on his Vietnam Service Medal.  The omission of these awards from
his record is an administrative matter and does not require Board action to
correct.  Thus, administrative correction of his record 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

___ym___  ___fe___   ___rtd__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waiver the ABCMR's
three-year statute of limitations in this case.

2.  The Board determined that the evidence presented does not demonstrated
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 to show award of
the Purple Heart.



3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, it is requested that the CMSD-
St. Louis administratively correct the records of the individual concerned
to show the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device, and
that based on his service and campaign participation in the Republic of
Vietnam, he is entitled to the Republic of Vietnam Gallantry Cross with
Palm Unit Citation and a silver service star with his Vietnam Service
Medal; and by providing him a corrected separation document that includes
these awards.




                                  _____     Fred Eichorn________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000786                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/01/06                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015/Purple Heart                   |
|2.                      |107.0014                                |
|3.                      |107.0094                                |
|4.                      |107.0088                                |
|5.                      |                                        |
|6.                      |                                        |


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