RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20040010577


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, on behalf of the former service member, that he
be awarded the Purple Heart.

2.  The applicant states, in effect, that the former service member was
wounded in action and needs the Purple Heart added to his records.

3.  The applicant, J____ B____ D____, provides a copy of the power of
attorney to act on behalf of the former service member.

CONSIDERATION OF EVIDENCE:

1.  The applicant, on behalf of the former service member, is requesting
correction of an alleged error which occurred on 24 April 1969, the date of
his release from active duty.  The application submitted in this case is
dated 19 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 former service member's records show he entered active duty on 25
April 1967, completed training, and was awarded the military occupational
specialty (MOS) 11B (Light Weapons Infantryman).

4.  The service medical records are on indefinite loan to the Department of
Veterans Affairs and not available for Board review.

5.  The former service member served with B Company, 5th Battalion, 60th
Infantry Regiment, 9th Infantry Division, in Vietnam, from 11 October 1967
through 8 October 1968.

6.  He was released from active duty, as a sergeant (E-5), on 24 April
1969.  He had 2 years of creditable service with no time lost.

7.  The DD Form 214 (Report of Transfer or Discharge) lists his awards as
the Bronze Star Medal with "V" device, the Good Conduct Medal, the National
Defense Service Medal, the Vietnam Service Medal with one bronze service
star, the Republic of Vietnam Campaign Medal with "1960" device, the Combat
Infantryman Badge, and the Sharpshooter Badge with Rifle Bar.

8.  The former service member's DA Form 20 (Enlisted Qualification Record)
is blank at item 40 (Wounds).  It also indicates he participated in only
one campaign.

9.  The available records contain no indication that the former service
member received any wounds while serving on active duty.  Further, a review
of the Vietnam Casualty Roster failed to locate any entry under his name.

10.  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 while the FSM was assigned to
the 5th Battalion, 60th Infantry Regiment it was cited for award of the
Valorous Unit Award (DAGO 40, dated 1970), the Vietnam Cross of Gallantry
with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.  Additionally B Company was cited for
award of the Valorous Unit Award for its actions on 1 February 1968 (DAGO
42, dated 1969).

11.  Army Regulation 600-8-22, paragraph 2-8 provides that the Purple Heart
is awarded to an individual who is wounded in action against an enemy of
the United States, the armed force of a foreign country which is or has
been engaged, while serving with a friendly foreign forces against an
opposing force even though the U.S. is not engaged, as the result of any
act of such enemy or opposing force or as a result an act of any hostile
foreign force.  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.

12.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  A silver service star is
authorized in lieu of five bronze service stars.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the Vietnam Service Medal.  Based on the FSM's dates
of service in Vietnam, Appendix B indicates he participated in the
following four campaigns:  the Counteroffensive Phase III, 1 June 1967 –
29 January 1968; the Tet Counteroffensive, 30 January 1968 – 1 April 1968;
the Counteroffensive Phase IV, 2 April 1968 – 30 June 1968; the
Counteroffensive Phase V, 1 July 1968 – 1 November 1968.

DISCUSSION AND CONCLUSIONS:

1.  The available records do not contain and the applicant has not provided
any documentation that the former service member received any wounds as the
result of enemy action.  Therefore entitlement to the Purple Heart cannot
be established.

2.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 April 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 23 April 1972.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

4.  In addition to the awards listed on the former service member's DD
Form 214, he is also authorized the Valorous Unit Award with one bronze oak
leaf cluster, the Vietnam Cross of Gallantry with Palm Unit Citation, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and to wear four bronze service stars on his Vietnam Service Medal.

5.  Evidence shows that the former service member’s records contain
administrative errors which do not require action by the Board.  Therefore,
administrative correction of the FSM's records will be accomplished by the
Case Management Support Division (CMSD), St. Louis, Missouri, as outlined
by the Board in paragraph 3 of the BOARD DETERMINATION/ RECOMMENDATION
section below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RLD___  __JRM__  __SLP __  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative errors 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 to show that in addition to the awards listed on his DD Form 214,
the FSM is also authorized the Valorous Unit Award with one bronze oak leaf
cluster, the Vietnam Cross of Gallantry with Palm Unit Citation, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and to wear four bronze service stars on his Vietnam Service Medal.




                                  _       Shirley L. Powell______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010577                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |                                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |2005/09/13                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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