RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 July 2005
      DOCKET NUMBER:  AR20040007757


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |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 award of the Purple Heart.

2.  The applicant states, in effect, that the Purple Heart was never
annotated on his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) effective 15 November 1968.

3.  The applicant does not provide any supporting documentation with his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 November 1968, the date of his separation from active duty.
The application submitted in this case is dated 7 September 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 on 17 November 1966 for a period of two
years.  After completion of basic and advanced individual training, he was
awarded military occupational specialty 11B (Light Weapon Infantryman).  He
served in Vietnam for the period 7 May 1967 through 3 May 1968 while
assigned to Troop B, 3rd Squadron, 5th Cavalry of the 9th Infantry
Division.  The applicant was honorably discharged on 15 November 1968.

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) show no entries of any wounds received.  Item 41 (Awards and
Decorations) does not show award of the Purple Heart.

5.  The applicant's military service records do not contain any general
orders awarding him the Purple Heart.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge)
with an effective date of 15 November 1968, does not show award of the
Purple Heart.

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

8.  Army Regulation 600-8-22 (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 by a medical officer, and the medical treatment must have been
made a matter of official record.

9.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.

10.  The applicant's DD Form 214 does not list awards of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.

11.  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 that the 3rd Squadron, 5th Calvary
of the 9th Infantry Division, to which the applicant was assigned, was
cited for award of the Republic of Vietnam Gallantry Cross Unit Citation
with Palm by Department of the Army General Order Number 8, dated 1974 and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
by Department of the Army General Orders Number 43, dated 1970 which
amended Department of the Army General Orders Number 59, dated 1969.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.  The
applicant's DD Form 214 shows award of the Vietnam Service Medal, but with
only three bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the award of the Purple Heart was never
annotated on his DD Form 214.

2.  There are no general orders available which awarded the applicant the
Purple Heart.  There are no medical records available which show the
applicant 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.

3.  Evidence of record shows that while the applicant was assigned to 3rd
Squadron, 5th Cavalry of the 9th Infantry Division, the unit was awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
Therefore, the applicant is entitled to correction of his records to show
these foreign unit awards.

4.  Evidence also shows that the applicant participated in four campaigns
during his service in Vietnam.  Therefore, he is entitled to correction of
his records to show award of four bronze service stars to be worn on his
Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 November 1968.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 November 1971.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

6.  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

___lb___  ___wdp __  __jbg ___  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 to show award of the Purple Heart in
this case.

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 Republic of Vietnam Gallantry Cross Unit
Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and four bronze service stars to be affixed to his
Vietnam Service Medal.




                                  ____William D. Powers   ___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040007757                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/07/28                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny w/admin note                       |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015/PH                             |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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