RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040009567


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 all medals be added to his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was never awarded the Purple Heart for wounds
received on 18 April 1970.  He did receive orders for the Bronze Star Medal
with "V" Device.  He indicates there was a failure to enter all his awards
on his
DD Form 214, to include the Purple Heart with Oak Leaf Cluster, Bronze Star
Medal with "V" Device, and his Good Conduct Medal.

3.  The applicant provides a copy of his DD Form 214, a copy of orders for
the Bronze Star Medal with "V" Device, a copy of a Purple Heart Certificate
for action on 4 May 1970, and a copy of orders for the Good Conduct Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 February 1971.  The application submitted in this case
is dated
1 November 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.  On 25 February 1969, the applicant was inducted into the Army of the
United States for a period of 2 years.  He completed all required training
and was awarded military occupational specialty (MOS) 13B40, Field
Artillery Crewman.

4.  He was assigned to Vietnam for the period 18 February 1970 to 19 July
1970. He was assigned to C Battery, 2nd Battalion, 40th Artillery, 199th
Infantry Brigade.

5.  On 24 February 1971, the applicant was honorably released from active
duty and assigned to the U.S. Army Reserve Control Group (Annual Training).
 His DD Form 214 shows he was awarded the National Defense Service Medal,
the Vietnam Service Medal with 1 bronze service star, the Purple Heart, and
the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.  He
subsequently was honorably discharged from the U.S. Army Reserve Control
Group (Standby) on 1 February 1975.

6.  The applicant is listed on the Vietnam Casualty Listing as having been
wounded on 4 May 1970.  There is no entry showing wounds for 18 April 1970.
 Item 40 (Wounds), DA Form 20 (Enlisted Qualification Record), has one
entry of wounds for 4 May 1970.  Item 41 (Awards and Decorations) cites
General Orders Number 154, Brooke Army Medical Center, dated 13 November
1970 awarding the Purple Heart.  This order is in the applicant's records
and it shows the Purple Heart was awarded for action on 4 May 1970.

7.  The applicant's medical records are not available.  Presumably they
were loaned to the Department of Veterans Affairs (DVA) Regional Office,
Louisville, Kentucky.

8.  General Orders Number 1386 published by Headquarters, United States
Army Vietnam, dated 23 May 1970, awarded the Bronze Star Medal with "V"
Device for action on 18 April 1970.

9.  Army Regulation (AR) 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.  This regulation also provides that there
is no statute of limitations on requests for award of the Purple Heart.

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours will be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

11.  AR 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 and states that authorized bronze service stars will be
worn on the appropriate service medal.  The applicant served in Vietnam
during three campaigns -- Vietnam Winter-Spring 1970, which extended from 1
November 1969 through 30 April 1970; Sanctuary Counteroffensive, which
extended from
1 May through 30 June 1970; and Vietnam Counteroffensive, Phase VII, which
extended from 1 July 1970 through 30 June 1971.

12.  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 show the unit to which the applicant was
assigned was awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Palm for the period 19 June 1968 to 31 July 1970 by Department of the
Army General Orders 51, dated 1971.  The unit was also awarded the Republic
of Vietnam Civil Actions Honor Medal, First Class for the period 12
December 1966 to 31 August 1970 by Department of the Army General Orders
51, dated 1971.

13.  General Orders Number 103, dated 9 February 1971, shows the applicant
was awarded the Good Conduct Medal (First Award) for the period of service
25 February 1969 through 24 February 1971.

14.  Special Orders Number 106, dated 16 April 1969, shows the applicant
was awarded the Marksman Marksmanship Qualification Badge with M-14 Rifle
Bar.

DISCUSSION AND CONCLUSIONS:

1.  The available records do not support the applicant's request for a 2nd
award of the Purple Heart.  The alleged injury cited for 18 April 1970 is
not shown on the Vietnam Casualty Listing nor is it shown in Item 40, DA
Form 20.  Additionally, there are no orders showing this award.  There are
no medical records available to show the applicant was treated for injuries
as a result of hostile fire action for 18 April 1970.  The available
records only show the applicant as being wounded once on 4 May 1970.  The
applicant has not provided a copy of orders awarding the Purple Heart or
medical documentation to support his claim.

2.  Notwithstanding the citation in the award of the Bronze Star Medal with
"V" Device indicating the applicant was wounded, the regulation requires
other authenticating medical evidence to support award of the Purple Heart.
 Additionally, the Command which published the orders for the Bronze Star
Medal with "V" Device also had authority to publish Purple Heart orders, if
the applicant met the criteria.  Since it appears that no orders were
published, the Board assumes under the criteria of administrative
regularity, the Command had reasons for not publishing Purple Heart orders.

3.  General Orders show the applicant is entitled to award of the Bronze
Star Medal with "V" Device.  Therefore, he is entitled to have this award
reflected on his DD Form 214.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in three campaigns during his assignment in Vietnam which is
not correctly shown by award of three bronze service stars for wear on his
Vietnam Service Medal.  Therefore, in accordance with the governing
regulation, the applicant is entitled to the Vietnam Service Medal with
three bronze service stars and correction of his DD Form 214 to show these
awards.

5.  General Orders show the applicant was awarded the Good Conduct Medal
(First Award) for the period 25 February 1969 through 24 February 1971.
Therefore, he is entitled to correction of his DD Form 214 to show this
award.

6.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is
entitled to correction of his records to show award of this foreign unit
award.

7.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Civil Actions Medal, First Class.  Therefore, he is entitled to
correction of his records to show this award.

8.  Special Orders show the applicant was awarded the Marksman Marksmanship
Qualification Badge with M-14 Rifle Bar.  Therefore, he is entitled to have
his badge correctly reflected on his DD Form 214.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 February 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 24 February 1974.  However, there is no statute of
limitations on requests for award of the Purple Heart; therefore, the issue
will be decided on the overall merits of the case.

10.  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

__mkp___  __reb___  __lmb___  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 by:

      a.  Deleting the Vietnam Service Medal with 1 bronze service star on
his DD Form 214 of 24 February 1971; and

      b.  Adding the Vietnam Service Medal with 3 bronze service stars, the
Bronze Star Medal with "V" Device, the Good Conduct Medal (First Award),
the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the
Republic of Vietnam Civil Actions Medal, First Class, and the Marksman
Marksmanship Qualification Badge with M-14 Rifle Bar.



                                        Margaret K. Patterson
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009567                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0015                                |
|3.                      |107.0056                                |
|4.                      |107.0094                                |
|5.                      |107.0095                                |
|6.                      |                                        |


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