RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2005
      DOCKET NUMBER:  AR20040010847


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Leonard Hassell               |     |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 DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Purple Heart.

2.  The applicant states that he earned the Purple Heart while serving in
the Vietnam War, and he has the medal and certificate.

3.  The applicant provides two DD Forms 214 and a Purple Heart certificate
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 February 1968.  The application submitted in this case is
dated 30 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 7 June 1963.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty (MOS) 716.10 (Clerk).  He served in
Korea from October 1963 to December 1964 as a personnel records clerk.

4.  The applicant was honorably discharged on 20 January 1965 for the
purpose immediate reenlistment.  He reenlisted on 21 January 1965 for a
period of three years.

5.  The applicant's (Enlisted Qualification Record) shows he was assigned
to the Administration Company, Support Battalion, 1st Brigade, 101st
Airborne Division in Vietnam in May 1967 in duty MOS 71H3P.

6.  The applicant provided a certificate for award of the Purple Heart,
dated
7 June 1967, which indicates he was wounded in action on 7 June 1967 in the
Republic of Vietnam.
7.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  His  DA Form 20 does not list any wounds as
a result of hostile action in item 40 (Wounds), and his name is not
included on the Vietnam Casualty Roster.

8.  The applicant departed Vietnam on 3 February 1968 and was credited with
participation in three campaigns.

9.  The applicant’s service personnel records contain a Report of Medical
History and Report of Medical Examination prepared on 4 February 1968.
Neither of these documents refer to any wounds sustained in combat, or show
wounds or injuries consistent with those received as a result of hostile
action.

10.  The applicant was honorably released from active duty on 4 February
1968.  His DD Form 214 for the period ending 4 February 1968 shows he was
awarded the National Defense Service Medal, the Good Conduct Medal, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the
Parachutist Badge, the Expert Marksmanship Qualification Badge with M-14
Rifle Bar and the Expert Marksmanship Qualification Badge M-16 Rifle Bar.

11.  Headquarters, Department of the Army General Orders Number 8, dated
1974, awarded all units which served in Vietnam the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

12.  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
requests for award of the Purple Heart.

13.  Army Regulation 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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the
applicant.  His name is not listed on the Vietnam Casualty Roster.

2.  Although the applicant provided an award certificate which indicates he
was wounded in action on 7 June 1967, there are no medical documents which
verify that he was wounded or injured as a result of hostile action.  In
addition, his Enlisted Qualification Record does not indicate wounds
sustained as a result of hostile action.  Therefore, there is insufficient
evidence on which to base correction of his records to show award of the
Purple Heart.

3.  The applicant received credit for participation in three campaigns
during the Vietnam War.  Therefore, his DD Form 214 for the period ending 4
February 1968 should be administratively corrected to show three bronze
service stars for wear on his Vietnam Service Medal.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 8, dated 1974.  Therefore, this foreign unit award should be
added to the applicant's DD Form 214 for the period ending 4 February 1968.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 February 1968.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 3 February 1971.  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

LS______  PM______  LH______  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 to show the Vietnam Service Medal with three bronze service stars
and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




                                  Linda Simmons_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010847                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050726                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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