RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          16 June 2005
      DOCKET NUMBER:  AR20040006555


      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. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |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 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, in effect, that while engaged in combat action,
he was wounded in the neck as a result of hostile fire.

3.  The applicant provides a VA Form 21-4138 (Statement in Support of
Claim), dated 19 July 2002, written by a former drill sergeant who states,
in effect, that he has known the applicant since 1968 and that he was in
good health at that time.  The former drill sergeant also states that the
applicant has changed a lot both mentally and physically since being
separated from the military.

CONSIDERATION OF EVIDENCE:

1.  On 9 October 1967, the applicant enlisted in the Regular Army for a
period of 2 years.  Upon completion of all required military training, he
was awarded military occupational specialty (MOS) 63B (Wheel Vehicle
Repairman).

2.  On 28 July 1968, the applicant was assigned to Vietnam.  He served with
Company D, 1st Battalion, 77th Armor from 30 July 1968 to 11 February 1969.
 He was a student at the Americal Combat Center from 12-21 February 1969,
and he was assigned to F Troop, 17th Cavalry, 196th Infantry Brigade from
22 February 1969 until he left Vietnam on 27 July 1969.  He returned to the
United States and was assigned to Fort Lewis, Washington for separation
processing.

3.  On 26 July 1969, the applicant was honorably released from active duty
and transferred to the United States Army Reserve.  His DD Form 214 shows
he was awarded the National Defense Service Medal, Vietnam Service Medal
(VSM), Vietnam Campaign Medal, two Overseas Service Bars, and the
Sharpshooter Marksmanship Qualification Badge, M-16 Rifle.  It does not
show the PH as an authorized award.

4.  The applicant served in Vietnam during four campaigns:  Vietnam
Counteroffensive Phase V, Counteroffensive Phase VI, Tet Counteroffensive,
and the Vietnam Summer-Fall 1969.

5.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification
Record) shows no injuries as a result of hostile action.

6.  The applicant's name does not appear on the Vietnam Casualty List, a
compilation of all casualties during the Vietnam War.

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

      a.  PH is awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that:  (1) the wound was
the result of hostile action; (2) the wound required medical treatment; and
(3) the medical treatment was made a matter of official record.  This
regulation also provides that there is no statute of limitations on
requests for award of the PH.

      b.  Bronze service stars are awarded based on qualifying service, for
each campaign listed in Appendix B of this regulation.  It also states that
authorized bronze service stars will be worn on the appropriate service
medal.  The applicant is authorized four bronze service stars to represent
the four campaigns in which he participated.

8.  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 26 August to 2 November 1968 by
Department of the Army General Order Number 43, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the PH, the applicant would have to show that he was
wounded and that:  (1) the wound was the result of hostile action; (2) the
wound required medical treatment; and (3) the medical treatment was made a
matter of official record.

2.  There is nothing in the available record that shows the applicant was
wounded in the neck as a result of hostile action.  His name does not
appear on the Vietnam Casualty List and the statement that was provided is
not sufficient to establish justification for award of the PH.

3.  The applicant is authorized award of the Vietnam Gallantry Cross Unit
Citation with Palm and four bronze service stars to be worn on the VSM to
represent his service from 28 July 1968 to 27 July 1969.
4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 July 1969, the date of his
separation from active duty.  As a result, the time for the applicant to
file a request for correction of any error or injustice expired on 25 July
1972.  However, Army Regulation 600-8-22 provides that there is no statute
of limitations on requests for award of the Purple Heart.

5.  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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__rjw___  __kwl___  __drt___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  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 award of the Vietnam Gallantry Cross Unit Citation with
Palm and four bronze service stars to be worn on the VSM.


                 Raymond J. Wagner
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006555                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050616                                |
|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.                      |                                        |


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