RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2005
      DOCKET NUMBER:  AR20040010944


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |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 that he be awarded the Purple Heart.

2.  The applicant states that he deserves the Purple Heart for being
wounded in battle during a jungle patrol by a friendly fire grenade.

3.  The applicant provides no documents in support of his case.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 20 March 1969, the date of his separation from active duty.
The application submitted in this case is dated 29 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's military records show that he entered active duty on 21
March 1966.  He successfully completed basic training and advanced
individual training and was awarded the military occupational specialty
(MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 4 October
1966 to 5 October 1967 as a member of Company B, 1st Battalion, 327th
Infantry.  He was transferred to the Army Reserve with an honorable
characterization of service on 20 March 1969.

4.  Item 24 of the applicant's DD Form 214 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) does
not show award of the Purple Heart.

5.  There are no orders in the applicant's records that show he was awarded
the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) does not
show any entry in item 40 (Wounds) and does not list the Purple Heart in
item 41 (Awards and Decorations).  There are no medical records contained
in the available records.


6.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  Review of the applicant's personnel records indicate he is entitled to
additional awards that are not shown on his DD Form 214.

8.  The applicant's DD Form 214 shows he was awarded the Army Commendation
Medal, the National Defense Service Medal, Vietnam Service Medal, the
Vietnam Campaign Medal, and the Combat Infantryman Badge.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in
pertinent part, the military campaign periods of the Vietnam War.  Based on
the applicant's dates of service in Vietnam, Appendix B shows that he
participated in the following two campaigns: the Vietnam Counteroffensive,
Phase II and the Vietnam Counteroffensive, Phase III.

10.  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.

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 Company B, 1st Battalion, 327th Infantry, it was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Purple Heart was carefully
considered.  However, there is insufficient evidence to support his
contention.  By regulation, in order to award the Purple Heart it is
necessary to establish that a Soldier was wounded in action, that the wound
required treatment by a medical officer, and the treatment record must have
been made a matter of official record.

2.  There is no evidence and the applicant has not provided evidence that
he was treated for wounds sustained as a result of hostile action.

3.  In the absence of evidence that the applicant was treated for wounds as
a result of hostile action, there is insufficient evidence on which to base
award of the Purple Heart in this case.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 March 1969.  Therefore, the time
for the applicant to file a request for correction of an error or injustice
expired 19 March 1972.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waiver 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.

5.  The evidence shows that based on his service and campaign participation
in the Republic of Vietnam, the applicant is entitled to the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and two bronze service
stars for wear on his Vietnam Service Medal.  The omission of these awards
from his record is an administrative matter and does not require Board
action to correct.  Thus, administrative correction of his record 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

___lmd __  __reb ___  __lf_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's three-
year statute of limitations in this case.

2.  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 to show award of
the Purple Heart.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, it is requested that the CMSD-
St. Louis administratively correct the records of the individual concerned
to show that
based on his service and campaign participation in the Republic of Vietnam,
he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and two bronze service stars for wear on his Vietnam Service
Medal.



                                  _____Ronald E. Blakely______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010944                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/27                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTES                         |
|REVIEW AUTHORITY        |MR CHUN                                 |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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