RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 May 2005
      DOCKET NUMBER:  AR20040009506


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret V. Thompson          |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 and the Bronze Star Medal.

2.  The applicant states, in effect, that he served in Vietnam from 1970
through 1971.  During his tour he states that he was captured by the enemy
for a period of weeks and he was wounded in the leg and arm.

3.  The applicant states that he received the Purple Heart and Bronze Star
Medal but refused to accept them or have them put on his records because of
what was done to First Lieutenant William Calley (My Lai Massacre).

4.  The applicant further states that now he wishes to have his Purple
Heart and Bronze Star Medal added to his records.  He states that he has
diabetes type II, high blood pressure, and post-traumatic stress disorder.
He would like his children and grandchildren to have something to look back
on and be proud of their father.

5.  The applicant provides a VA Form 21-4138 (Department of Veterans
Affairs - Statement in Support of Claim), dated 30 September 2004, prepared
by his mother.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on
4 June 1976.  The application submitted in this case is dated 30 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 requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing award
of this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Bronze Start Medal under the provisions of Section 1130, Title 10, United
States Code.  He has been notified by separate correspondence of the
procedures for applying for the decoration under section 1130 and, as a
result, it will not be discussed further in this record of Proceedings.

4.  The applicant was inducted in the Army on 20 February 1970 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 95B (Military Policeman).

5.  The applicant arrived in Vietnam and was assigned to the 58th
Transportation Company on or about 16 September 1970.  He was reassigned to
Headquarters and Headquarters Company, 95th Military Police Battalion on an
unknown date.  He was reassigned to the 615th Military Police Company on 4
November 1970.  He was reassigned to the 300th Military Police Company on
29 January 1971.  He departed Vietnam on or about 16 September 1971 after
being credited with participating in two campaigns.

6.  On 4 November 1971, the applicant was honorably released from active
duty and transferred to the United States Army Reserve.

7.  A DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) for the period ending 4 November 1971 shows he was awarded the
National Defense Service Medal, the Vietnam Service Medal, the Vietnam
Campaign Medal with/Device 60, and the Good Conduct Medal.

8.  On 11 June 1973, the applicant reenlisted in the Regular Army.  He
served on active duty as a military policeman until he was honorably
separated on 4 June 1976.

9.  A DD Form 214 (Report of Separation from Active Duty) for the period
ending 4 June 1976 shows he was awarded the National Defense Service Medal,
the Vietnam Service Medal, the Vietnam Campaign Medal with/Device 60, and
the Good Conduct Medal.

10.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.  There also is no
evidence in his service personnel records that shows that he was wounded or
treated for wounds as a result of hostile action in Vietnam.  The
applicant's name is not listed on the Vietnam Casualty Roster.



11.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show the applicant was wounded, and item 41 (Awards and
Decorations) does not show award of the Purple Heart.

12.  The applicant's Army Medical Treatment Records are unavailable.

13.  The applicant submitted a statement in support of claim from his
mother, dated 30 September 2004.  The author stated that she received a
letter from her son and he stated that he was wounded in the service in
1970 and that he was awarded the Purple Heart and Bronze Star Medal but
refused to accept them.  She further stated that she received a letter from
the Red Cross that stated her son was wounded twice during his tour of duty
in Vietnam.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) list the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to the 300th Military Police Company it was awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the
period 1 April through 30 June 1971 by Department of the Army General
Orders Number 6, dated 1974.

15.  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

16.  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.  This regulation also provides that there is no statute of
limitations on request for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  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, such as the
Red Cross letter his mother states she received, that shows he was wounded
or treated for wounds as a result of hostile action.

2.  In the absence of military records which show the applicant was wounded
or treated for wounds as a result of hostile action, there is insufficient
basis for award of the Purple Heart in this case.

3.  The applicant was assigned to a unit during a period of time the unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

4.  The applicant’s participation in two campaigns entitles him to two
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 4 June 1976.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 3 June 1979.  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
errors which 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

_MVT___  __JTM __  __LGH __  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 errors in the records of the
individual concerned 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 with Palm Unit Citation and two bronze service stars to be worn on
his Vietnam Service Medal.




                                  __ Margaret V. Thompson __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009506                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |24 May 2005                             |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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