RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 May 2005
      DOCKET NUMBER:  AR20040004887


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 that he never received the Purple Heart for wounds
received on 2 December 1968.  He further states that his injury was never
reported and the Department of Veterans Affairs (DVA) issued a service
connected rating for residual shrapnel.

3.  The applicant provides a self-authored letter, a copy of his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge), a
DVA rating decision document, DVA medical records, and a copy of
correspondence from a member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 December 1969, the date of his separation from active
service.  The application submitted in this case is dated 12 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 of the United States on 14
March 1968.  He completed basic and advanced individual training and was
awarded the military occupational specialty 11B20 (Light Weapons
Infantryman).  He was honorably separated from active duty on 18 December
1969.

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.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 for the period of
service listed does not show award of the Purple Heart.

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.  However, item 41 does show the
National Defense Service Medal, Vietnam Service Medal, the Combat
Infantryman Badge, the Bronze Star Medal, an Overseas Service Bar, and the
Vietnam Campaign Medal with 1960 Device

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

8.  There are no service medical records contained in the applicant's
military personnel file.

9.  The applicant's records show he submitted a request, dated 9 July 1986,
to the National Personnel Records Center (NPRC) requesting for a copy of
morning reports for Company D, 1st Battalion, 11th Infantry Regiment.  The
applicant was advised that no hospitalization illness or injury entries
were found.

10.  The applicant submitted a copy of medical records from the DVA which
shows that he was granted a service connected rating of 0 percent for
residuals of shrapnel injury to the left anterior thigh effective 10 April
2003.

11.  The applicant submitted a copy of a medical record, dated 11 December
1968 which appears to be from his service medical records.  This medical
record indicates that the applicant was treated for an injury to his right
foot.

12.  The applicant submitted a copy of a radiologic report from the DVA,
dated 2 September 1986.  This report states that the only evidence of a
metallic body is a very small subcutaneous piece of metal in the anterior
left thigh.

13.  The applicant submitted a copy of a self-authored letter; however,
portions of this document are illegible.  The applicant stated that on 2
December 1968 he was injured by shrapnel from an artillery round that fell
short and hit his [unit's] position.  He further stated that many were hurt
and his squad leader lost his leg and the battalion commander was injured
in his shoulder.

14.  The applicant continued that there were too many injured and he
decided to stay behind and help secure their position.  The applicant
further stated that after he returned to base camp he was so hurt by the
losses he had on that mission he could not tell anyone about his injury.
He explains that he later told a doctor at the 75th Medical about the pain
he was having in his lower back and leg and his medical records will show
this and he still has shrapnel in his body.

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

16.  Item 24 of the applicant's DD Form 214 shows award of the Vietnam
Service Medal.  Records show the applicant also participated in the Vietnam
Counteroffensive Phase V (1 July 1968 through 1 November 1968), the Vietnam
Counteroffensive Phase VI (2 November 1968 through 22 February 1969), the
Tet Counteroffensive (23 February 1969 through 8 June 1969), and the Summer-
Fall Campaign (9 June 1969 through 31 October 1969).  His Vietnam Service
Medal does not show bronze service stars to indicate credit for all
campaigns in which he participated.

17.  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,
the 1st Battalion,11th Infantry Regiment, 5th Infantry Division, was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
based Department of the Army General Orders Number 9, dated 1979.

18.  Department of the Army Pamphlet 672-3 also shows that the 1st
Battalion, 11th Infantry Regiment, 25th 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.

19.  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, and the
medical treatment must have been made a matter of official record.

20.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of "excellent" throughout his service.

21.  Army Regulation 600-8-22 provides that the Good Conduct Medal 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.

22.  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 that his records should be corrected to show
award of the Purple Heart.

2.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  There is no evidence in the
available records and the applicant has not provided evidence that shows he
was wounded or treated for wounds as a result of hostile action.

3.  The applicant provided a DVA document which makes reference to a
disability rating for shrapnel wounds to the left thigh effective 10 April
2003.  This document does not indicate that the wounds resulted from
hostile action or that the applicant was treated by military medical
authorities who determined the wounds resulted from hostile action.

4.  The applicant is entitled to the first award of the Good Conduct Medal
based on completion of qualifying service from 14 March 1968 to 18 December
1969 ending with termination of a period of Federal military service.

5.  The applicant is entitled to award of the Republic of Vietnam Civil
Actions Honor Medal First Class and the Republic of Vietnam Gallantry Cross
Unit Citation with Palm based on his service in Vietnam.  Therefore, he is
entitled to correction of his DD Form 214 to show these unit awards.

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

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 December 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 17 December 1972.  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.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jea___  __lgh___  __lvb___  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:

      a. awarding the Good Conduct Medal for qualifying service from 14
March 1968 to 18 December 1969;

      b.  amending his DD Form 214 with an effective date of 18 December
1968 to delete the Vietnam Service Medal with two bronze service stars and
adding the Vietnam Service Medal with four bronze service stars; and

      c.  adding the Republic of Vietnam Civil Actions Honor Medal First
Class and the Republic of 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
the Purple Heart.



                                        James E. Anderholm
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004887                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050505                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |. . .                                   |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0056                                |
|3.                      |107.0094                                |
|4.                      |107.0095                                |
|5.                      |                                        |
|6.                      |                                        |


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