RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 MARCH 2005
      DOCKET NUMBER:  AR20040002450


      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. Raymond Wagner                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jonathon Rost                 |     |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 two Purple Hearts.

2.  The applicant states that he was wounded twice while in Vietnam but his
separation document does not show entitlement to any Purple Hearts.  He
states that he was wounded in the “latter part of 1968” and that his first
wound was to his right foot and that approximately one month later he was
wounded in the left groin.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 January 1970.  The application submitted in this case
is dated
26 May 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.  Records available to the Board indicate that the applicant entered
active duty on 28 December 1966.  Following completion of training as a
vehicle repairman, he was initially assigned to Fort Irwin, California and
in December 1967 was assigned to the 22nd Artillery in Vietnam.  He
remained in Vietnam until December 1968.

4.  There were no medical records available to the Board and the applicant
provided none.  His name is not among a list of individuals reported as
combat casualties during the Vietnam War and item 40 (wounds) on his
Department of the Army Form 20 (Enlisted Qualification Record) is blank.
He authenticated the accuracy of the information on his Department of the
Army Form 20 in February 1969.

5.  On 30 January 1970 the applicant was released from active duty.  There
is no indication he was ever awarded any Purple Hearts and his name is not
among a list of individuals reported as combat casualties during the
Vietnam War.

6.  In a March 1981 original claim for Veteran’s benefits, the applicant
indicated that he had suffered from a skin irritation and nervous
conditions “due to exposure to Agent Orange” but made no mention of any
wounds to his foot or groin.

7.  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.

8.  United States Army Vietnam Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual was assigned.  Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam would be awarded the Purple
Heart directly by the hospital commander rendering treatment.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in five designated campaigns (Vietnam
Counteroffensive Phases III, IV, V, and VI, and TET Counteroffensive)
during the applicant’s period of assignment.  A silver service star on his
Vietnam Service Medal, which is recorded on his separation document, should
reflect his campaign participation vice the two bronze service stars
currently recorded.  A silver service star is worn in place of five bronze
service stars to denote participation in five designated campaign periods.
The unit was also awarded the Republic of Vietnam Gallantry Cross Unit
Citation with Palm and a Meritorious Unit Commendation.  The unit awards
were also omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, there is no medical evidence available to the Board, or
provided by the applicant, which confirms that he was wounded as a result
of hostile action while in Vietnam or that such wounds required treatment
by a medical officer.  In the absence of such evidence, there is no basis
for award of any Purple Hearts.

2.  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.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 January 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
29 January 1973.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RW___  ___JM___  ___JR __  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 Gallantry Cross
Unit Citation with Palm, a Meritorious Unit Commendation, and a silver
service star on his Vietnam Service Medal vice the two bronze service stars
currently recorded.




                                  ____ Raymond Wagner_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002450                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050315                                |
|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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