RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 June 2005
      DOCKET NUMBER:  AR20040010148


      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:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Hubert O. Fry Jr.             |     |Member               |
|     |Ms. Linda D. Simmons              |     |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.

2.  The applicant states, in effect, that he received wounds on 3 January
1968 while serving in Vietnam.  He states that he was treated for his
wounds at an aid station and returned to duty.  He further states that
whenever asked about receiving the Purple Heart he was told that he would
not receive it.

3.  The applicant provides a self-authored statement, dated 5 November
2004; a statement from a former fellow Soldier, dated 20 July 2004; and six
email messages.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 September 1969.  The application submitted in this case is
dated 8 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.  The applicant enlisted in the Regular Army on 2 December 1966 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 13A (Field Artillery Crewman).
He served in Vietnam with Battery A, 1st Battalion, 30th Artillery,
attached to the 1st Cavalry Division from on or about 7 May 1967 through 6
May 1968 and was credited with participating in three campaigns.

4.  The applicant was honorably released from active duty on 19 September
1969.

5.  A DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) shows he was awarded the National Defense Service Medal, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army
Commendation Medal, and the Sharpshooter Qualification Badge (Rifle).
6.  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.

7.  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.

8.  Item 39 (Identifying body marks, scars, tattoos) of the applicant's
Standard Form 88 (Report of Medical Examination) dated 5 September 1969
indicates abnormalities but lists no abnormalities.

9.  A Standard Form 89 (Report of Medical History), dated 5 September 1969,
shows that the applicant was being separated and that he stated "I am in
good health."  Item 32 (Have you ever had any illness or injury other than
those already noted?) shows that he indicated "no".

10.  The applicant submitted a self-authored statement dated 5 November
2004. The applicant stated, in effect, that on 3 January 1968 he received
wounds to his left leg and calf from enemy shelling.  He continued that
while his unit was under attack from the enemy he carried a severely
wounded soldier to the aid station when a medic noticed that he was
bleeding.

11.  The applicant further stated that the medic removed shrapnel from his
leg wounds and wrapped his leg with a bandage so he could return to his gun
section because his unit was still under attack by enemy forces.  The
applicant stated after the attack was over he asked his chain of command
about receiving the Purple Heart for his wounds and he was told that he
would not receive it.

12.  The applicant submitted a letter of support, dated 20 July 2004, from
a former fellow Soldier assigned to his unit in Vietnam.  The author
stated, in effect, that on 3 January 1968 and 14 January 1968 the
applicant's battery came under attack and that he believes the applicant
received wounds from enemy fire on 3 January 1968.  The author further
stated the American Soldiers received 1 killed in action and 92 wounded in
action on the first enemy attack.






13.  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 1st Battalion, 30th Artillery it was awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the
period 9 August 1965 through 19 May 1969 by Department of the Army General
Orders Number 59, dated 1969.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion, 30th Artillery it was awarded
the Meritorious Unit Commendation for the period 1 October 1966 through
30 September 1967 by Department of the Army General Orders Number 48, dated
1968.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the Battery A, 1st Battalion, 30th Artillery it
was awarded the Valorous Unit Award for the period 1 though 31 October 1967
by Department of the Army General Orders Number 39, dated 1970.

16.  Army Regulation 600-8-22 (Military Awards) 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.

17.  Army Regulation 600-8-22 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
eyewitness accounts from his chain of command at the time or medical
personnel who treated his wounds that shows he was wounded or treated for
wounds as a result of hostile action.  He did not mention being treated for
wounds on his separation physical

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, the Meritorious Unit Commendation, and the Valorous Unit Award.

4.  The applicant’s participation in three campaigns entitles him to three
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 19 September 1969.  Therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 18 September 1972.  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 do 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

__ JS ___  __ HOF _  __ LDS _   GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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, the Meritorious Unit Commendation, the
Valorous Unit Award, and three bronze service stars to be worn on his
Vietnam Service Medal.




                                  ___ Mr. John Slone ____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010148                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |14 June 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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