RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          12 May 2005
      DOCKET NUMBER:  AR20040004438


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
award of the Purple Heart (PH).

2.  The applicant states that he was awarded the PH on 6 October 1971 for
wounds that he received in action against a hostile force on 4 March 1966.

3.  The applicant provides in support of his request:

      a.  General Orders Number 193, Headquarters, 85th Evacuation Hospital,
dated 6 October 1971, awarding him the PH for wounds received on 5 October
1971.


      b.  Copies of DD Forms 214, issued on 8 March 1972 and 2 August 1975.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
8 March 1972.  The application submitted in this case is dated 1 July 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 was inducted into the
Army of the United States on 10 August 1970.  He completed the training
requirements and he was awarded military occupational specialty (MOS) 13A,
(Basic Field Artillery).

4.  On 2 January 1971, the applicant arrived in Vietnam.  On 14 January
1971, he was assigned to Battery C, 2nd Battalion, 11th Artillery, with
duties in MOS 13A.  He departed Vietnam on/about 10 December 1971.

5.  On 14 December 1971, the applicant returned to the United States and
was assigned to Fort Hood, Texas for separation processing.

6.  On 8 March 1972, the applicant was honorably released from active duty
and transferred to the United States Army Reserve.  His DD Form 214 shows
that he was awarded the National Defense Service Medal, the Vietnam Service
Medal with two bronze service stars, the Vietnam Campaign Medal, the Army
Commendation Medal and the Sharpshooter Marksmanship Qualification Badge
(Rilfe).  The PH is not shown as authorized award.

7.  General Orders Number 193, dated 6 October 1971, show the PH was
awarded to the applicant for wounds received in action on 5 October 1971.
The order shows the applicant's first name is incorrectly spelled "Daniel."
 However, the applicant's middle initial, last name, social security number
and the unit to which he was assigned at the time are all correct.  The
date of the wound also coincides with the period of time the applicant was
serving in Vietnam.

8.  The applicant's name does not appear on the Vietnam Casualty List, a
compilation of all casualties during the Vietnam War.  His DA Form 20
(Enlisted Qualification Record) contains no entry in Item 40 (Wounds).
Item 41 (Awards and Decorations) contains a lined-through entry for the PH
signifying that it was not awarded.

9.  The applicant's records contain a copy of General Orders Number 194,
Headquarters, 85th Evacuation Hospital, dated 7 October 1971, revoking
General Orders Number 193 which awarded him the PH.

10.  Army Regulation 600-8-22 (Military Awards) sets forth Department of
the Army criteria, policy and instructions concerning individual military
awards, 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, that the
PH 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 PH.

11.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Oversea Service Bar (OSB).  In pertinent part, it provides that a
bar is authorized for wear for each period of active Federal service as a
member of the U.S. Army outside of the continental limits of the United
States.  There are special provisions regarding authorization for the OSB
for service in a hostile fire zone and for combining service to calculate
award of the bars.  For Vietnam
service, OSB is authorized for each period of 6 months active Federal
service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28
March 1973.  Both the month of arrival and the month of departure from
Vietnam are counted as whole months for credit toward the overseas service
bar.  The applicant is authorized two OSB's for his service in Vietnam from
2 January to 14 December 1971.

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 Vietnam Gallantry Cross Unit
Citation with Palm for the period of service from 18 April to 31 August
1971 and 6-19 September 1991 by Department of the Army General Order Number
6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name does not appear on the Vietnam Casualty List and
his DA Form 20 does not support awarding him the PH.

2.  The applicant has submitted a copy of an order awarding him the PH, but
his record contains an order issued on the following day by the same
command which revoked the award.

3.  Evidence suggests the applicant is not entitled to award of the PH.

4.  The available evidence does support correcting the applicant's record
to show award of two OSB's and the Vietnam Gallantry Cross Unit Citation
with Palm.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__fe____  __lds___  __mjf___  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing award of two OSB's and the Vietnam
Gallantry Cross Unit Citation with Palm.

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
award of the PH be denied.



                 Fred Eichorn
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040004438                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050512                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0079                                |
|3.                      |107.0094                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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