RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          20 September 2005
      DOCKET NUMBER:  AR20040011151


      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. Richard P. Nelson             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy       |     |Member               |
|     |Mr. Patrick H. McGann Jr.         |     |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 military records to show award
of the Purple Heart for wounds sustained in Vietnam.  In addition, he
requests correction of his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) to show award of the Bronze Star Medal.

2.  The applicant states that he was wounded while serving in Vietnam and
evacuated to Japan, where he received the “Purple Heart Bar,” but not the
medal.  He feels that the award elements might have been lost.

3.  On the applicant’s DD Form 149 (Application), he twice states that he
is enclosing a copy of a certificate of award of the Bronze Star Medal in
support of his request.  However, the Board staff was unable to locate any
documents, other than the application itself, in support of the applicant’s
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 27 October 1972.  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 limitation 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 enlisted in the Regular
Army on 25 February 1969, completed training in Military Occupational
Specialty 11C10 (Infantry Indirect Fire Crewman) and served at Fort
Campbell, Kentucky and in Germany prior to being assigned to Vietnam.
Therefore, he served from 1 February 1971 to 2 January 1972 with Company B,
1st Battalion, 327th Infantry.  The applicant then returned to Fort Riley,
Kansas, where he completed his enlistment and was honorably separated from
active duty in pay grade E-4 on 27 October 1972.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he is entitled to the following decorations: the Vietnam Service
Medal; the Vietnam Campaign Medal; the Air Medal; the Combat Infantryman
Badge; and, two overseas service bars.  No other awards or decorations are
listed.

5.  There are no orders or certificates in the applicant’s records, and the
applicant has not provided any orders or certificates, that show he was
awarded the Purple Heart.  The applicant’s name is not listed on the
Vietnam Casualty Roster.  There are no entries in item 40 (Wounds) of the
applicant’s DA Form 20 (Enlisted Qualification Record) that show he was
wounded as a result of hostile action.  There is no indication in the
applicant’s medical records that he was wounded, or treated for wounds, as
a result of hostile action.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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.

7.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

8.  The applicant requested correction of his records to show award of the
Bronze Star Medal.  There are no orders, or other evidence, authorizing
award of a Bronze Star Medal.  In the absence of a proper award authority
for this decoration, the applicant may request award of the Bronze Star
Medal under the provisions of Section 1130 of Title 10, United States Code.
 The applicant has been notified by separate correspondence of the
procedures for applying for this decoration under Section 1130 and, as a
result, they will not be discussed further in this Record of Proceedings.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the National
Defense Service Medal is awarded for honorable active service for any
period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14
August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001
to a date to be determined.

10.  Department of the Army General Orders Number 8, dated 1974, awarded
all personnel assigned to the United States Army Vietnam from 8 February
1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.

11.  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.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Vietnam Counteroffensive Phase VII;
Consolidation I; and, Consolidation II.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was awarded the Purple Heart.
There is no evidence in the applicant’s service personnel records that
shows he was wounded, or treated for wounds or injuries, as a result of
hostile action.  Therefore he is not entitled to award of the Purple Heart
or to correction of his records to show this decoration.

2.  Evidence of record shows that the applicant served honorably on active
duty during the period 25 February 1969 through 27 October 1972.
Therefore, he is entitled to award of the National Defense Service Medal,
and correction of his records to show this service medal.

3.  General Orders show that the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

4.  Evidence of record shows that the applicant received the Vietnam
Service Medal and participated in three campaigns.  As a result, he is
entitled to award of three bronze service stars, to be affixed to the
Vietnam Service Medal, and correction of his records to show these
appurtenances.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 October 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 26 October 1975.  However, 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.

6.  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

___jch __  ____teo__  ___phm _  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:

      a. the National Defense Service Medal;


      b. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;
and,


      c. three bronze service stars, to be affixed to the Vietnam Service
Medal.




            _________James C. Hise_____________
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011151                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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