RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 April 2005
      DOCKET NUMBER:  AR20040004452


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Mr. Curtis Greenway               |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states that he was wounded in the back at Con Toon
[Kontum], Vietnam in 1966.  The applicant further states that he received
medical treatment at Plu Ku [Pleiku] and his treatment is documented in his
service medical records.

3.  The applicant contends that his injuries were never documented upon his
discharge from the Army.  He concludes that the wounds were a result of his
service and he would like for the Purple Heart to be issued.

4.  The applicant provides no documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 March 1968, the date of his separation from active service.
The application submitted in this case is dated 9 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 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 on 3 March 1966.  He completed
basic and advanced individual training and was awarded the military
occupational specialty 13A10 (Cannoneer).  He served with the 5th
Battalion, 16th Artillery, 4th Infantry Division in Vietnam.  He was
honorably separated on 5 March 1968.

4.  There are no General Orders in the available records which show that
the applicant was awarded the Purple Heart.  There is also no evidence in
his records that shows he was wounded or treated for wounds as a result of
hostile action.


5.  There are no service medical records contained in the applicant's
military personnel files.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show any entry in item 40 (Wounds).  Item 41 (Awards and Decorations) of
this form does not show the Purple Heart.

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

8.  Review of the applicant's records indicate that he may be entitled to
campaign credit and additional awards and decorations which are not shown
on his DD Form 214.

9.  The applicant's service records indicate that he participated in the
Vietnam Counteroffensive Phase III (1 June 1967 through 29 January 1968).
The applicant was not credited with his participation in this campaign and
it is not shown on his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge).

10.  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, 5th Battalion, 4th Infantry Division, was cited for award of
the Republic of Vietnam Gallantry Cross Unit Citation with Palm based on
Department of the Army General Orders Number 8, dated 1974.

11.  Army Regulation 800-8-22 (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.

12.  Army Regulation 600-8-22, provides, in pertinent part, for 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to correction of his records to
show award of the Purple Heart.

2.  The applicant contends that he was wounded during his service in
Vietnam.  However, his service personnel records contain no medical records
and he provides no evidence to support his claim.

3.  There are no orders available which awarded the applicant the Purple
Heart.  There is no evidence which shows that he was wounded or treated for
wounds as a result of hostile action during his service in Vietnam.  In the
absence of such evidence, there is insufficient basis for award of the
Purple Heart in this case.

4.  The applicant is entitled to award of two bronze service stars to be
worn on his Vietnam Service Medal.  These awards are based on his
participation in two campaigns during his Vietnam service.

5.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm based on Department of the Army General
Orders
Number 8, dated 1974.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 March 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 4 March 1971.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file based on the fact there is no statute of limitations on
requests for award of the Purple Heart.

7.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__js____  __slp___  __cg____  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it is in the interest of justice to waive
failure to timely file in this case.

2.  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 to show award of the Purple Heart.

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 by:

      a.  deleting the Vietnam Service Medal with bronze star and adding
the Vietnam Service Medal with two bronze service stars, and

      b.  adding the Republic of Vietnam Gallantry Cross Unit Citation with
Palm.



                                        John Slone
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004452                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050412                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0094                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]