RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2004
      DOCKET NUMBER:  AR20040011541


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olsen                |     |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 award of the Purple Heart.

2.  The applicant states he was injured by shrapnel while in combat on 5
October 1967.

3.  The applicant provides a copy of a Standard Form 600 (Chronological
Record of Medical Care).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 September 1968, the date of his release from active
duty.  The application submitted in this case is dated 10 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 records show that he was inducted on 12 October 1966.
He completed basic training and advanced individual training and was
awarded the military occupational specialty (MOS) 71H20 (Personnel
Specialist).  The applicant served a tour of duty in the Republic of
Vietnam during the period 20 October 1967 through 28 September 1968.
Records also show the applicant served in the MOS 57A10 (Longshoreman) and
the MOS 57H20 (Cargo Handler) while stationed in Vietnam.  The applicant
was honorably separated from active duty and transferred to the United
States Army Reserve on 30 September 1968.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) does
not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show any entries of wounds received.  Item 41 (Awards and
Decorations) does not show award of the Purple Heart.
6.  There are no medical records in the applicant's official military
personnel file that show he sustained wounds as a result of hostile action
or that show he was treated for wounds that were sustained as a result of
hostile action.

7.  There are no general orders in the applicant's records to show he was
awarded the Purple Heart.

8.  The applicant's name does not appear on the Vietnam Casualty Roster.

9.  The applicant provides a chronological record of medical care form
which shows he received medical treatment on three occasions.  This form
shows the applicant was treated with penicillin on one occasion and was
treated for first degree burns of the right hand on the other two
occasions.  This form does not show the applicant was treated for injuries
sustained by shrapnel or that the first degree burns were sustained as a
result of hostile action.

10.  Army Regulation 672-5-1 (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 have been
treated by a medical officer, and the medical treatment must have been made
a matter of official records.

11.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

13.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate that he participated in
the Vietnam Counteroffensive Phase III, the Vietnam Tet Counteroffensive,
the Vietnam Counteroffensive Phase III, and the Vietnam Counteroffensive
Phase III.

14.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
because of shrapnel injuries sustained while in combat on 5 October 1967.

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

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

4.  Records show that the applicant participated in four campaigns during
his service in Vietnam.  Therefore is eligible for award of four bronze
service stars to be affixed to his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 September 1971.  Although the applicant did not
file within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file 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
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

_JTM___  _WDP___  _LJO____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely
file in this case.

2.  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, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation and to show award of four bronze service stars to be
affixed to the Vietnam Service Medal.




                                     __William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011541                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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