RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 August 2005
      DOCKET NUMBER:  AR20040010233


      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             |
|     |Ms. Prevolia Harper               |     |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 correction of his records to show award of the
Purple Heart and his Vietnam service awards.

2.  The applicant states, in effect, that, item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of his DD Form 214 does not show his service medals or the
Purple Heart earned during his service in Vietnam.

3.  The applicant further states that he was assigned to the 189th Aviation
Company when he was hit with shrapnel and his helicopter went down.  He
continues that he was told that he would get a Silver Star at that time;
however, due to the secret nature of his assignments he never received the
award.

4.  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 19
May 1972 and a DA Form 20 (Enlisted Qualification Record) in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 May 1972, the date of his separation from active service.
The application submitted in this case is dated 12 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 requested correction of his records to show award of the
Silver Star.  There are no orders or other evidence authorizing award of
the Silver Star. In the absence of a proper award authority for this
decoration, the applicant may request the Silver Star under the provisions
of Section 1130 of Title 10, United States Code.  The applicant has been
notified by separate correspondence of the procedures for applying for this
decoration under Section 1130 and, as a result, the Silver Star will not be
discussed further in this Record of Proceedings.
4.  The applicant enlisted in the Army of the United States on 18 August
1967 for a period of 3 years.  He completed basic and advanced individual
training and was awarded the military occupational specialty (MOS) 94B20
(Cook).  The applicant also served in the MOS 62E20 (Heavy Vehicle
Operator).

5.  There are two DD Forms 214 in the applicant's service personnel
records.  They are authenticated in his own hand and do not show award of
the Purple Heart in item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized).

6.  The first DD Form 214 has an effective date of 29 January 1970 and
covers the applicant's tour of service in Vietnam from 24 October 1968
through
23 October 1969.  Item 24 does not show award of the Purple Heart.

7.  The second DD Form 214 has an effective date of (Armed Forces of the
United States Report of Transfer or Discharge).  The applicant entered
active duty for this period on 30 January 1970.  He served in Germany from
1 January 1970 to 23 October 1971.  He was honorably separated from active
service on 19 May 1972.

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
he served in the Republic of Vietnam from 24 October 1968 through 23
October 1969.  It further shows that he was assigned to the 189th Aviation
Company performing duties in MOS 94B20 as a first cook.

9.  Item 40 (Wounds) of the applicant’s DA Form 20 contains no entries
indicating he was wounded or injured while serving on active duty.  Item 41
(Awards and Decorations) list the following awards he earned while on
active duty: National Defense Service Medal (NDSM), Vietnam Service Medal
(VSM), Republic of Vietnam Campaign Medal with 1960 Device, and 2 Overseas
Service Bars.
The Purple Heart is not included in the list of awards and the applicant
authenticated this document with his signature in Item 32 (Signature of
Person Being Transferred or Discharged).

10.  On 8 November 1984, the applicant was issued a correction to his
separation document (DD Form 215) which amended item 24 by adding the
Vietnam Service Medal with one silver service star, the Vietnam Campaign
Ribbon with 1960 Device, and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.



11.  The applicant’s military personnel records contain an abbreviated
clinical record document, dated 26 November 1971 and a mental status
evaluation dated 2 March 1972.  However, these documents are not related to
an injury or wound received as a result of hostile action.

12.  The applicant’s name is not listed on the Vietnam Casualty Roster.

13.  There are no orders in the applicant's service personnel records
supporting  award of the Purple Heart.  There is also no evidence in his
military records which show he was wounded or treated for wounds as a
result of hostile action.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show
award of the Purple Heart and his Vietnam service awards.

2.  The applicant’s claim of entitlement to the Purple Heart was carefully
considered.  However, by regulation, in order to award the Purple Heart it
is necessary to establish that a Soldier was wounded as a result of enemy
action, that the wound required treatment by a medical officer, and that
the record of medical treatment was made a matter of official record.

3.  The evidence of record provides no confirmation that the applicant was
ever wounded or injured as a result of hostile action, or that he was ever
recommended for or awarded the Purple Heart.   Item 40 of his DA Form 20
does not show he was wounded or injured in action and there are no
documents or orders on file that indicate he was ever recommended for or
awarded the Purple Heart.

4.  The applicant authenticated both DD Forms 214 and neither document show
the Purple Heart in the list of authorized awards.

5.  In the absence of military records, which show the applicant was
wounded or treated for wounds or injuries as a result of hostile action,
there is insufficient evidence upon which to base correction of his records
to show award of the Purple Heart.

6.  A DD Form 215 was prepared on 8 November 1984 reflecting the awards the
applicant earned during his service in Vietnam.  Therefore, his DD Form 214
was properly corrected to show these awards.  The applicant will be
provided a copy of this document for his records.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 May 1972.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 18 May 1975.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__KLW__  __PHM__  __BJE___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.





                                     ____Barbara J. Ellis_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010233                           |
|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.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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