RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 August 2005
      DOCKET NUMBER:  AR20040009338


      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             |
|     |Mr. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Kenneth L. Wright             |     |Member               |
|     |Mr. Patrick H. McGann Jr.         |     |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 for wounds received in
Vietnam.

2.  The applicant states, that he was put in for the Purple Heart but due
to his relocation within-country he never got the medal and it is not
appearing in his military profile.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) with an effective date of
21 October 1971.

4.  The applicant elected the Disabled American Veterans (DAV) as his
counsel.

5.  On 6 July 2005, the Army Board for Correction of Military Records
notified the DAV of the applicant's pending application and requested that
they review his records within 30 days.  However, the DAV has not provided
a brief.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 21 October 1971, the date of his release from active duty.  The
application submitted in this case is dated 28 September 2004 and was
received on
29 October 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 he was inducted on 2 October 1969
for a period of 2 years.  He successfully completed basic combat and
advanced individual training and was awarded the military occupational
specialty 61B20 (watercraft operator).

4.  The applicant accepted nonjudicial punishment (NJP) under Article 15,
Uniform Code of Military Justice (UCMJ), on 2 June, 26 August, and
10 November 1970.  His offenses included absent without leave (AWOL) on
1 June 1970 and during the periods from 11 August 1970 to 23 August 1970
and from 25 October 1970 to 9 November 1970.

5.  The records show that the applicant served in Vietnam during the period
from 16 November 1970 to 21 October 1971.  He was assigned as a crewman to
the 1099th Transportation Company during the period from 2 December 1970 to

17 October 1971.

6.  On 21 October 1971, the applicant was released from active duty due to
the early separation of an oversea returnee.  He had completed 1 year, 11
months, and 23 days of active service characterized as honorable.

7.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
which he authenticated in his own hand, does not show the award of the
Purple Heart.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not contain any entries indicating that the applicant received
any wounds.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not
show the award of the Purple Heart.

10.  There are no orders in the applicant's military service records
awarding him the Purple Heart.

11.  The applicant's name does not appear on the Vietnam Casualty Roster.

12.  A review of the applicant's records shows that he is entitled to
additional awards, which he did not request and are not listed on his DD
Form 214.

13.  The applicant's military service records show that he was assigned to
in Vietnam from 16 November 1970 to 21 October 1971.  Based on his dates of
service in Vietnam, Table B-1 of Army Regulation 600-8-22 shows he served
in the Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June
1971) and the Consolidation I Campaign (1 July 1971 - 30 November 1971).

14.  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 all units assigned in Vietnam
from
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, based on Department of the Army
General Order Number 8, dated 1974.

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

16.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation.  A silver star is worn instead of five
bronze service stars.  The regulations state that authorized bronze service
stars will be worn on the appropriate campaign and service medal, which in
this case is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  In the absence of military records which show that the applicant was
wounded or treated for wounds resulting from hostile action, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

3.  The applicant's military personnel records show he participated in two
campaigns during his service in Vietnam.  Therefore, he is entitled to two
bronze service stars to be worn on his Vietnam Service Medal.

4.  The applicant served in Vietnam during the period from 8 February 1962
through 28 March 1973.  Therefore, he is entitled to the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 October 1971.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 October 1974.  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

___klw __  ____phm  ____bje__  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:

      a.  award of two bronze service stars to be worn on his Vietnam
Service Medal; and


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





                                  __________Barbara J. Ellis________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009338                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050809                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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