RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20040011072


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 DD Form 214 (Report of
Transfer or Discharge) be corrected to show award of the Purple Heart.

2.  The applicant states that he is a decorated combat Vietnam veteran who
served in an elite combat unit and that he was wounded in combat but did
not receive a Purple Heart.

3.  The applicant provides a self authored letter dated 20 October 2004, a
       25 October 2004 letter of support and a 7 November 2004 letter of
support.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   8 May 1970, the date of his separation from active duty.  The
application submitted in this case is dated 20 October 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 10
May 1967.  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 10 May 1968 through
6 May 1969 as a member of Company F, 52d Infantry, of the 1st Infantry
Division, and as a member of Company I (Ranger), 75th Infantry, of the 1st
Infantry Division.        On 8 May 1970, he was transferred to the Army
Reserve as a staff sergeant with an honorable characterization of service.

4.  The applicant's DD Form 214 does not show award of the Purple Heart.

5.  There are no orders in the applicant's service personnel records which
show that 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).
6.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  The applicant's self-authored letter states that while he and other
members of his team were on a long range reconnaissance patrol (LRRP) in
the early part of November 1968, he was injured by shrapnel from a RPG
round that hit him in the right leg, and that he received medical attention
and was returned to duty.

8.  The 25 October 2004 letter written by his assistant team leader states
that he was a witness to the fact that, during combat in Vietnam near the
end of October or early November, the applicant was wounded when he
received shrapnel in the right leg from an enemy RPG round.  They were
extracted by helicopter and after they landed at the base camp a doctor
removed the shrapnel and the applicant returned to the unit.

9.  The 7 November 2004 letter from another member of his LRRP team.  This
letter essentially states that the applicant was hit and knocked down with
a bloody shot on his leg and that he was cut and stitched up, given some
antibiotics and returned to the company area.

10.  Army Regulation 600-8-22 (Military Awards) 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 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.

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

12.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  There also is no evidence that the applicant was
disqualified by his chain of command from receiving the Army Good Conduct
Medal.  His records do not contain any adverse information, and he received
conduct and efficiency ratings of "excellent" throughout his service.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  The regulation states that, after 27 June 1950 to the
present time, the current standard for award of the Army Good Conduct Medal
is 3 years of qualifying service, but as little as one year is required for
the first award in those cases when the period of service ends with the
termination of Federal military service.  Although there is no automatic
entitlement to the Army Good Conduct Medal, disqualification must be
justified.

14.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he
received credit for participation in the Vietnam Counteroffensive, Phase IV
and Vietnam Counteroffensive, Phase V.

15.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal with two bronze service stars.

16.  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 also participated in
the following additional campaign: Vietnam Counteroffensive, Phase VI and
TET 69 Counteroffensive.

17.  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 F, 52d Infantry, it was awarded the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart.

2.  The applicant's DD Form 214, which was authenticated in his own hand at
the time of his separation from the Service, does not show the Purple Heart
as an authorized award.

3.  There are no orders in the applicant's service personnel records, which
show that he was awarded the Purple Heart, and there is no evidence in his
records that he was wounded or treated for wounds as a result of hostile
action.

4.  Statements were provided from former fellow soldiers, in support of the
applicant's claim for award of the Purple Heart over 35 years after the
fact.  However, in absence any other corroborating evidence of record,
these statements alone are not sufficient as the basis for award of the
Purple Heart.




5.  In the absence of military records, which show the applicant was
wounded or injured or treated for wounds as a result of hostile action,
there is not a sufficient basis for correction of his record to show award
of the Purple Heart.

6.  The applicant was separated on 8 May 1970 with 2 years, 11 months, and
 29 days of active service.  The applicant distinguished himself by his
excellent conduct and efficiency ratings, his promotion to staff sergeant
and his combat service.  Therefore, he should be awarded the Army Good
Conduct Medal for the period 10 May 1967 through 8 May 1970 based on
completion of a period of qualifying service ending with termination of a
period of Federal military service.

7.  The applicant's DD Form 214 shows the Vietnam Service Medal with two
bronze service stars as an authorized award.  However, evidence of record
shows the applicant participated in four campaigns during his assignment in
Vietnam.  Therefore, the applicant should be awarded the Vietnam Service
Medal with four bronze service stars and correction of his DD Form 214 to
show this award.

8.  The applicant is entitled to award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  Therefore, his records
should be corrected to show this unit award in addition to others on his DD
Form 214.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 May 1970.  Therefore, the time for
the applicant to file a request for correction of an error or injustice
expired on 7 May 1973.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____jea _  __bpi ___  ___mjf __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  awarding the Army Good Conduct Medal for the period 10 May 1967
through 8 May 1970;

      b.  awarding the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation and adding two additional bronze service stars to the
already awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the Purple Heart.




                            ____James E. Anderholm ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011072                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/22                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |MR SCHNEIDER                            |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0056                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]