RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20040010934


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. 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, in effect, his discharge document be corrected
to show he was awarded the Silver Star, Bronze Star Medal, and Purple
Heart.

2.  The applicant states, in effect, that he was awarded these decorations
and that it is only right that they be added to his discharge document.

3.  The applicant provides a self-authored statement and a copy of his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  Title 10 of the United States Code, section 1130 (10 USC 1130),
provides the legal authority for consideration of proposals for decorations
not previously submitted in timely fashion.  It allows, in effect, that
upon the request of a Member of Congress, the Secretary concerned shall
review a proposal for the award or presentation of a decoration (or
upgrading of a decoration) either for an individual or a unit, that is not
otherwise authorized to be presented or awarded due to limitations
established by law or policy for timely submission of a recommendation for
such award or presentation.  Based upon such review, the Secretary shall
make a determination as to the merits of approving the award or
presentation of the decoration.

2.  The applicant requests award of the Silver Star and Bronze Star Medal.
However, there are no orders or other evidence on file in his Official
Military Personnel File (OMPF) that confirm his entitlement to these
awards.  In the absence of authority for these awards, the applicant may
request award of the Silver Star and Bronze Star Medal under the provisions
of 10 USC 1130.  The applicant has been notified by separate correspondence
of the procedures for applying for these awards under 10 USC 1130.  As a
result, they will not be discussed further in this Record of Proceedings.

3.  The applicant is requesting correction of an alleged error which
occurred on 24 July 1969, the date of his separation from active duty.  The
application submitted in this case is dated 3 December 2004.





4.  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.

5.  The applicant's military service record shows that he was inducted into
the U.S. Army on 25 July 1967.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 94B (Cook).

6.  The applicant's military service record shows that he was assigned to
Battery C, 5th Battalion, 27th Artillery in Vietnam, from 22 December 1967
through
9 December 1968.  He was separated from the U.S. Army under honorable
conditions on 24 July 1969 after serving on active duty for a total of 2
years.

7.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the National
Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with
1960 Device, and one Overseas Service Bar.

8.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from
15 December 1967 through 14 December 1968.  Item 39 (Campaigns) of this
document shows that he participated in the Vietnam Counteroffensive Phase
III campaign.

9.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.  His DA Form 20 does not show an entry in Item 40 (Wounds)
or list the Purple Heart in Item 41 (Awards and Decorations).  In addition,
the applicant's name is not listed on The Adjutants General, Casualty
Division's, Vietnam Casualty Roster.



10.  The applicant provides his DD Form 214 and a self-authored statement
in support of his application in which he asserts that he participated in
seven classified missions outside of Vietnam, during the period March 1968
until
1 November 1968.  The applicant states that it was during engagements with
the enemy while on these classified missions that he received the Purple
Heart.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained while in
action against an enemy or 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.  There is no
statute of limitations governing requests for award of the Purple Heart.

12.  A review of the applicant's records reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

13.  The applicant's records contain a copy of Headquarters, U.S. Army
Training Center, Fort Bragg, North Carolina, Special Orders Number 255,
dated
12 September 1967, which shows that he was awarded the Expert Marksmanship
Qualification Badge with (M14) Rifle Bar.

14.  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 Battery C, 5th Battalion, 27th Artillery
(Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation by Headquarters, Department of the Army, General
Orders Number 54, 1974.

15.  Appendix B of Army Regulation 600-8-22 shows that during his service
in Vietnam, the applicant participated in the following campaigns: Vietnam
Counteroffensive Phase III, TET Counteroffensive, Vietnam Counteroffensive
Phase IV, Vietnam Counteroffensive Phase V, and Vietnam Counteroffensive
Phase VI; a total of five campaigns.

16.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

17.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign and a silver service star is authorized in lieu of five
bronze service stars.

19.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and the month of departure from
Vietnam are counted as whole months for credit toward the Overseas Service
Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  The applicant contends, in effect, that he was on a classified mission
outside of Vietnam when he was wounded by the enemy; receiving a wound to
the head from an AK47 rifle.  The applicant further contends that the
general officer who gave him his Purple Heart informed him that because the
mission was classified the award would not be shown in his military
personnel service records.

3.  Evidence of record shows that the applicant was serving in Battery C,
5th Battalion, 27th Artillery, in the Republic of Vietnam during the period
which he claims he was outside of Vietnam and wounded.

4.  There is no evidence which shows the applicant was awarded the Purple
Heart.  There is no medical evidence of record which shows that the
applicant was wounded or treated for wounds as a result of hostile action.
The applicant provides insufficient evidence to support award of the Purple
Heart; therefore, there is insufficient evidence upon which to base award
of the Purple Heart in this case.

5.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to
correct his records to show this badge.

6.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

7.  Records show that the applicant served in five campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 1
silver service star to be affixed to his Vietnam Service Medal.

8.  Records show that the applicant served a total of 12 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of 2
Overseas Service Bars.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 July 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
23 July 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.

10.  Evidence shows that the applicant’s records contain administrative
error which does 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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LE ___  __PMS__  __LGH__  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 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 award of the Expert Marksmanship Qualification Badge with
Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm, the Vietnam
Service Medal with 1 silver service star, and 2 Overseas Service Bars.




                                   _____Lester Echols_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010934                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690724                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 2                   |
|DISCHARGE REASON        |Transfer to USAR                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0007.000                            |
|2.                      |107.0014.0000                           |
|3.                      |107.0015.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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