RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 February 2005
      DOCKET NUMBER:  AR20040001708


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Ms. Susan A. Powers               |     |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.

2.  The applicant states, in effect, that he had his right hand fingers
taken off in Vietnam and should have received a Purple Heart.  The
applicant continues that he now has a service connected disability because
of his right hand being injured and was told at the time that he would
receive a Purple Heart for his injury that occurred in a combat situation
in Vietnam.

3.  The applicant provides a copy of a decision letter from the Veterans
Administration dated 19 May 1981.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 November 1968, the date of his separation.  The application
submitted in this case is dated 30 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 limitations 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
          14 November 1966.  He successfully completed basic training and
advanced individual training and was awarded the military occupational
specialty (MOS) 13B (Field Artillery Crewman).  He served in Vietnam from
23 April 1967 through 23 April 1968 as a member of B Battery, 2nd
Battalion, 35th Artillery.  He was honorably discharged on 13 November
1968.

4.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) does not show award of the Purple Heart in item
24 (Decoration, 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 decision letter from the Veterans
Administration that states he is in receipt of disability compensation on
account of service-connected disability rated at less than 30 percent.

8.  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 shows that, at the time of the
applicant's assignment to B Battery, 2nd Battalion, 35th Artillery, it was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 8, dated 1974.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained while in action
against an enemy or 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.

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 13 November 1968.  Therefore, the time
for the applicant to file a request for correction of an error or injustice
expired on    12 November 1971.  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.  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.  The omission of this
award 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

___mkp__  ___sp___  ___sap__  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 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 by providing him a corrected separation
document that includes this award.





                                  _       Margaret K. Patterson________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001708                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/08                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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