RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 March 2005
      DOCKET NUMBER:  AR20040003128


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. Robert J. Osborn, II          |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 that he be awarded the Purple Heart for injuries
received in Vietnam in November 1969.

2.  The applicant states that he was told by his commander that he would
receive the Purple Heart, but he never did.  He adds that the United States
Government never did support the individual Soldier in Vietnam.  He
concludes that the US Government drafted him and sent him to Vietnam, so he
wants his medal.

3.  The applicant provides:

      a.  A copy of a facsimile transmission from him to "Dodie" on 22
October 2003.

      b.  A copy of a 13 October 2003 letter from the National Personnel
Records Center (NPRC), St. Louis, Missouri telling him that no evidence
could be found to authorize awarding him the Purple Heart.

      c.  A copy of an email from the applicant to Granger, Texas
[Representative in Congress Kay Granger] asking for help in obtaining a
Purple Heart.

      d.  A copy of an 18 June 2004 letter from the Honorable Kay Granger
to the Army Review Boards Agency, St. Louis.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 November 1969.  The application submitted in this case
is dated 25 December 2002, but date-stamped as received on 28 June 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 was inducted into the Army of the United States on 3
April 1968.  He was trained in military occupational specialty (MOS) 74D
(Information Systems Machine Operator) and sent to Vietnam.  He served in
Vietnam as a computer operator with the 527th Personnel Service Company
from 17 November 1968 to 13 November 1969.  He was then transferred to Fort
Lewis, Washington and released from active duty on 16 November 1969.

4.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) shows that he was awarded the National Defense
Service Medal and the Vietnam Service Medal.  The Purple Heart is not shown
as an authorized award.

5.  Army Regulation (AR) 600-8-22 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.

6.  The applicant's name is not contained on the Vietnam Casualty List, a
compilation of killed and wounded service members during the Vietnam War.

7.  The applicant's DA Form 201 (Military Personnel Records Jacket) does
not contain orders awarding him the Purple Heart.

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that
it is a "temporary record" prepared on 13 November 1969.  His original DA
Form 20 is not in the record.  Item 40 (Wounds) is a block for recording
all wounds received as a result of enemy action.  This block has no
entries.

9.  The applicant's service medical records are not available.  However,
the record does contain copies of his Standard Form 88 (Report of Medical
Examination) completed upon induction (2 April 1968) and upon separation
(16 November 1969).  His separation physical examination makes no reference
to any wounds received.

10.  Review of the applicant's records indicates that he may be entitled to
personal awards, campaign credit and unit awards which are not shown on his
DD Form 214.

11.  AR 600-8-22 sets forth Department of the Army criteria, policy and
instructions concerning individual military awards, the Good Conduct Medal,
service medals and service ribbons, combat and special skill badges and
tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  It provides, in pertinent part:

      a.  The Good Conduct Medal (GCMDL) is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3 years
except in those cases when the period for the first award ends with the
termination of a period of Federal military service.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.

      b.  Award of a bronze service star, based on qualifying service, is
authorized for each campaign listed in this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

      c.  The Government of Vietnam awarded this medal to all members of
the Armed Forces of the United States for qualifying service in Vietnam
during the period 1 March 1961 through 28 March 1973.  Qualifying service
included assignment in Vietnam for 6 months.

12.  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 the unit to which the applicant
was assigned was cited for award of the Meritorious Unit Commendation for
the period 1 November 1968 to 31 May 1969 by Department of the Army General
Order Number 39, dated 1970.  It also shows that the unit was awarded the
Vietnam Gallantry Cross Unit Citation with Palm for the period 20 June 1965
to 28 March 1973 by Department of the Army General Order Number 8, dated
1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's available service records have been thoroughly reviewed
and offer no evidence to show that he was ever wounded in Vietnam.  The
applicant has provided no evidence in support of his claim.  In fact, the
applicant's statement that he was wounded in November 1969 is not supported
by the existing facts.  He was in Vietnam from 1-13 November 1969.  He left
Vietnam and went to Fort Lewis where he was immediately separated; there is
no indication that he spent any time in a medical facility for any reason,
wounds or illness.

2.  The applicant's name does not appear on the Vietnam Casualty List.

3.  The applicant's records do not contain any records of misconduct.  He
did not have any lost time by reason of absence without leave or
confinement.  He should have received the Good Conduct Medal for his
service from 3 April 1968 to 16 November 1969.

4.  The applicant is entitled to wear 4 bronze service stars on his Vietnam
Service Medal.  He participated in Counteroffensive, Phase VI (2 November
1968-22 February 1969); Tet 1969 Counteroffensive (23 February-8 June
1969); Summer-Fall 1969 (9 June-31 October 1969); and Winter-Spring 1970
(1 November 1969-30 April 1970).

5.  The applicant is entitled to award of the Vietnam Campaign Medal, the
Meritorious Unit Commendation, and the Vietnam Gallantry Cross Unit
Citation with Palm.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 November 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 15 November 1972.  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

__tdh___  __rjo___  __jbg___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  Deleting the Vietnam Service Medal from his DD Form 214; and
      b.  Adding the Good Conduct Medal, the Vietnam Service Medal with
4 bronze service stars, the Vietnam Campaign Medal, the Meritorious Unit
Commendation, and the Vietnam Gallantry Cross Unit Citation with Palm to
his DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the Purple Heart.



                                        Thomas D. Howard, Jr.
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003128                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050322                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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