RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 June 2005
      DOCKET NUMBER:  AR20040011456


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Thomas E. O’shaughnessy Jr.   |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 records to show award of the
Purple Heart and the Silver Star.

2.  The applicant states, in effect, that he received wounds to his liver
and damage to his hearing by incoming rounds while serving in Vietnam.  He
further states that he was put in for the Purple Heart and Silver Star but
left Vietnam before they were awarded.

3.  The applicant provides no documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 6 June 1969.  The application submitted in this case is dated 8
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 requested correction of his records to show award of the
Silver Star.  There are no orders or other evidence authorizing award of
this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request award of the
Silver Star under the provisions of Section 1130, Title 10, United States
Code.  He has been notified by separate correspondence of the procedures
for applying for the decoration under section 1130 and, as a result, it
will not be discussed further in this record of Proceedings.

4.  The applicant was inducted in the Army on 8 June 1967 and successfully
completed basic training and advanced individual training.  He was awarded
military occupational specialty 13B (Field Artillery Crewman).

5.  The applicant arrived in Vietnam and was assigned to A Battery, 6th
Howitzer Battalion, 15th Artillery, 1st Infantry Division on or about 25
April 1968.  He was reassigned to C Battery, 6th Howitzer Battalion, 15th
Artillery, 1st Infantry Division on 1 May 1968.  He departed Vietnam on or
about 19 October 1968 after being credited with participating in three
campaigns.

6.  On 6 June 1969, the applicant was honorably released from active duty
and transferred to the United States Army Reserve Control Group.

7.  A DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) for the period ending 6 June 1969 shows he was awarded the
National Defense Service Medal, the Vietnam Service Medal with 1 bronze
service star, the Vietnam Campaign Medal with device 1960, the Good Conduct
Medal (1st Award), the Bronze Star Medal with "V" device, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter
Marksmanship Qualification Badge (M-14), and the Sharpshooter Marksmanship
Qualification Badge (M-16).

8.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.  There also is no
evidence in his service personnel records that shows that he was wounded or
treated for wounds as a result of hostile action in Vietnam.  The
applicant's name is not listed on the Vietnam Casualty Roster.

9.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show the applicant was wounded, and item 41 (Awards and
Decorations) does not show award of the Purple Heart.

10.  The applicant's Army Medical Treatment Records are unavailable.

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 6th Howitzer Battalion, 15th Artillery it was
awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period May 1967 through April 1968 by Department of the
Army General Orders Number 53, dated 1970.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to 6th Howitzer Battalion, 15th Artillery it was
awarded the Meritorious Unit Commendation for the period 1 January 1968
through 31 January 1969 by Department of the Army General Orders Number 36,
dated 1970.



13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for 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, 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 have 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 request
for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  There is no evidence in the
available records and the applicant has not provided evidence, such as
eyewitness accounts from his chain of command at the time or medical
personnel who treated his wounds that shows he was wounded or treated for
wounds as a result of hostile action.

2.  In the absence of military records which show the applicant was wounded
or treated for wounds as a result of hostile action, there is insufficient
basis for award of the Purple Heart in this case.

3.  The applicant was assigned to a unit during a period of time the unit
was awarded the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation and the Meritorious Unit Commendation.  These awards should
be added to his DD Form 214 with the ending period 6 June 1969.

4.  The applicant’s DD Form 214 shows that he participated in three
campaigns.  However, evidence of records shows that he participated in
three campaigns that entitles him to three bronze service stars to be worn
on his Vietnam Service Medal.  Therefore, his DD Form 214 should be
corrected to show three bronze service stars.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 June 1969.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 5 June 1972.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive 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.  Evidence shows that the applicant’s records contain administrative
errors which do 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 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_ MMD __  __ TEO _  __YM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board determined that administrative errors in the records of the
individual concerned 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 Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, the Meritorious Unit Commendation,
and three bronze service stars to be worn on his Vietnam Service Medal.




                            __ Ms. Melinda M. Darby __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011456                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |30 June 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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