RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 June 2005
      DOCKET NUMBER:  AR20040010206


      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 K. Patterson         |     |Chairperson          |
|     |Mr. Patrick H. Mcgann Jr.         |     |Member               |
|     |Ms. Laverne M. Douglas            |     |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 a wound to his right
arm by shrapnel while serving in Vietnam.  He further states that the state
of Alabama Department of Veterans Affairs can confirm his injury.

3.  The applicant provides no documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 March 1971.  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 was appointed as a Reserve Commissioned Field Artillery
Officer and entered active duty on 5 March 1968.  He arrived in Vietnam and
was assigned to Battery B, 7th Battalion, 11th Artillery, 25th Infantry
Division on or about 14 April 1968.  He departed Vietnam on or about 13
April 1969 after being credited with participating in five campaigns.

4.  The applicant was honorably released from active duty on 4 March 1971
and assigned to the U.S. Army Reserve Control Group (Reinforcement).

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 with/1960
device, the Combat Infantryman Badge, the Army Commendation Medal, two
awards of the Republic of Vietnam Gallantry Cross with bronze star, the
Bronze Star Medal with "V" device, the Air Medal (First Oak Leaf Cluster),
and the Marksman Marksmanship 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 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer
Qualification Record) does not show award of the Purple Heart.

8.  A Standard Form 93 (Report of Medical History), dated 11 January 1972,
shows that the applicant was examined for an Extended Active Duty tour ten
months after his separation from active duty.  Item 20 (Have you ever had
any illness or injury other than those already noted?) showed that he
indicated "shrapnel in right arm."

9.  Item 21 (Have you consulted or been treated by clinics, physicians,
healers, or other practitioners with in the past five years for other than
minor illnesses? (If yes, give complete address of doctor, hospital,
clinic, and details)) of the Standard Form 93 showed that the applicant
indicated "no."

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

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, at the time of the
applicant’s assignment to 7th Battalion, 11th Artillery, 25th Infantry
Division it was awarded the Valorous Unit Award for the period 27 August
1968 through 31 October 1968 by Department of the Army General Orders
Number 42, dated 1969.

12.  Department of the Army Pamphlet 672-3, shows that, at the time of the
applicant’s assignment to 7th Battalion, 11th Artillery, 25th Infantry
Division it was awarded the Republic of Vietnam Civil Actions Honor Medal
for the period 31 March 1966 through 21 January 1970 by Department of the
Army General Orders Number 51, dated 1971.

13.  Department of the Army Pamphlet 672-3, shows that, at the time of the
applicant’s assignment to 7th Battalion, 11th Artillery, 25th Infantry
Division it was awarded the Republic of Vietnam Gallantry Cross with Palm
Unit Citation for the period 23 March 1968 through 31 August 1968 by
Department of the Army General Orders Number 48, dated 1971 and for the
period 1 September 1968 through 30 September 1970 by Department of the Army
General Orders Number 5, dated 1973.

14.  Department of the Army Pamphlet 672-3 states that not more than one
Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by
any individual.  Although multiple awards of this citation badge may not be
worn, official military personnel and historical records will indicate all
awards received.

15.  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 (a silver star is worn instead of five bronze stars).

16.  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.

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 two periods of time the
unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and so he is entitled to wear one of these awards.  Both awards
should be listed on his DD Form 214.  He was also assigned to the unit
during a period of time it was awarded the Valorous Unit Award and the
Republic of Vietnam Civil Actions Honor Medal.

4.  The applicant’s participation in five campaigns entitles him to a
silver service star 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 March 1971.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 3 March 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
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

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_ MKP __  __ PHM  _  __ LMD _  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 (two awards), the Valorous Unit Award, the
Republic of Vietnam Civil Actions Honor Medal, and a silver service star to
be worn on his Vietnam Service Medal.




                                  __ Ms. Margaret K. Patterson __
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040010206                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |21 June 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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