RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2005
      DOCKET NUMBER:  AR20040010990


      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, in effect, that his records be corrected to
show award of the Purple Heart.

2.  The applicant states that he received shrapnel in his right eye during
a battle at a place called French Fort in or near Tay-ninh Province, South
Vietnam in June/July 1967.  The doctor offered to put him in for a Purple
Heart but he declined while looking at other more seriously injured
Soldiers.

3.  The applicant provides one page from a medical record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 December 1967, the date of his separation from active duty.
The application submitted in this case is dated 1 December 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 was inducted on 8
December 1965.  He successfully completed basic training and advanced
individual training and was awarded the military occupational specialty
(MOS) 63B (Wheel Vehicle Mechanic).  He served in Vietnam from 12 January
1967 through 20 November 1967 as a member of B Company, 8th Support
Battalion of the 196th Brigade.  He was honorably discharged on 15 December
1967 and transferred to the Army Reserve Control Group.

4.  The applicant's DD Form 214 does not show in item 24 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) that he was awarded 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.  The applicant provided a hand written page with a 3 August 1967 entry
by "Co C MED 8/SPT 196 BDE" that makes reference to an eye patch being
removed.

8.  The applicant's records contain Headquarters, Americal Division General
Orders Number 1654 dated 22 December 1967, which awarded him the Good
Conduct Medal for the period 8 December 1965 through 7 December 1967.

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

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, at the time of the
applicant's assignment to B Company, 8th Support Battalion, it was awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, and the Republic of Vietnam
Campaign Medal with Device 1960.

12.  Appendix B of Army Regulation 600-8-22 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.

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.

14.  Army Regulation 600-8-22 provides 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.


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.  The evidence shows that the applicant had something removed from his
eye on 3 August 1967.  His record is void of any documentary evidence that
shows he was ever wounded in action or awarded the Purple Heart thereafter.

3.  Lacking any corroborating evidence of record showing that he was
treated for a wound/injury that was the direct result of or caused by enemy
action, the regulatory burden of proof necessary to support award of the
Purple Heart has not been satisfied in this case.  As a result, his request
for award of the Purple Heart must be denied.

4.  Orders show the applicant was awarded the Good Conduct Medal for the
period of 8 December 1965 through 7 December 1967; therefore, his records
should be corrected to show this award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 December 1967.  Therefore, the time
for the applicant to file a request for correction of an error or injustice
expired         14 December 1970.  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.

6.  The evidence shows that based on his service and campaign participation
in the Republic of Vietnam, the applicant is entitled to the Good Conduct
Medal, 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 __  ___lf  ___  __reb ___  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 concerned 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 Good Conduct Medal, 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                 |AR20040010990                           |
|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.                      |107.0056                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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