RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040011546


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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, in effect, that he sustained gunshot wounds in
1969 while serving in the Vietnam Conflict; however he never received
orders awarding him the Purple Heart.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 March 1980, the date of his retirement from the U.S. Army.
The application submitted in this case is dated 15 November 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 service records show that he enlisted in the
Army National Guard on 23 December 1957 and subsequently entered the U.S.
Army on 24 April 1964.  Upon completion of advanced individual training,
the applicant was awarded military occupational specialty 36C (Lineman).

4.  The applicant's military service records show that he was assigned to
Company B, 122nd Signal Battalion, 2nd Infantry Division in Korea, from
30 July 1966 through 18 August 1967.  The records also show that he was
assigned to the 124th Signal Battalion, 4th Infantry Division in Vietnam,
from
26 October 1969 through 13 September 1970.  He retired from the U.S. Army
under honorable conditions on 31 March 1980 after serving on active duty
for
21 years, 06 months, and 25 days.




5.  The applicant's DD Form 214 (Certificate of Release or Discharge from
Active Duty), issued at the time of his retirement, shows in Item 13
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized), that he was awarded the National Defense Service
Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Bronze
Star Medal, Good Conduct Medal (4 Awards), Republic of Vietnam Cross of
Gallantry with Palm, and Expert Qualification Badge with Rifle (M-16A) Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Korea from 24
July 1966 through 23 August 1967.

7.  The applicant's DA Form 20, Item 39 (Campaigns), shows that he
participated in four campaigns:  Vietnam Summer-Fall "69", Vietnam Winter-
Spring "70", Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase
VII.  However, his records do not show award of bronze service stars to
recognize campaign participation.

8.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.  His DA Form 20 (Enlisted Qualification Record) does not
show an entry in Item 40 (Wounds) or list the Purple Heart in Item 41
(Awards and Decorations).  The applicant's name is not listed on the
Vietnam Casualty Roster.

9.  The applicant provides no documentary evidence in support of his
application.

10.  A review of the applicant's records reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

11.  The applicant's records contain 35th Signal Brigade (Corps)
(Airmobile), Fort Bragg, North Carolina, Permanent Order 2-2, dated 20
March 1980, which shows that upon his retirement, the applicant was awarded
the Army Commendation Medal for meritorious service.

12.  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 the 124th Signal Battalion, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation by Headquarters, Department of the Army, General Orders Number 53,
dated 1970.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against and enemy or
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.  There is no statute of limitations governing requests
for award of the Purple Heart.

14.  Army Regulation 600-8-22 (Military Awards) provides that the Army
Commendation Medal may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement or meritorious service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed
Forces Expeditionary Medal is authorized for participants in military
operations within a specific geographic area during a specified time
period.  An individual, who was not engaged in actual combat or equally
hazardous activity, must have participated in operations or in direct
support of operations for 30 consecutive or 60 nonconsecutive days.  The
Armed Forces Expeditionary Medal is authorized for award for participants
in military operations in the Republic of Korea from
1 October 1966 to 30 June 1974.

16.  Army Regulation 600-8-22 also authorizes the Korea Defense Service
Medal to members of the Armed Forces who have served on active duty in
support of the defense of the Republic of Korea from 28 July 1954 to a date
to be determined.

17.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four campaigns during his service in Vietnam.  This
document shows that the applicant participated in the Vietnam Summer-Fall
"69", Vietnam Winter-Spring "70", Sanctuary Counteroffensive, and Vietnam
Counteroffensive Phase VII.

18.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  The applicant contends, in effect, that he sustained gunshots wounds
while serving in the Vietnam Conflict in 1969.  However, the applicant has
provided no evidence to support his assertion.

3.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.  Therefore, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

4.  Permanent Orders awarded the applicant the Army Commendation Medal.
Therefore, he is entitled to correction of his records to show award of the
Army Commendation Medal.

5.  Army regulation authorized the applicant the Armed Forces Expeditionary
Medal.  Therefore, he is entitled to correction of his records to show
award of the medal.

6.  Army regulation authorized the applicant the Korea Defense Service
Medal.  Therefore, he is entitled to correction of his records to show
award of the medal.

7.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of
four bronze service stars to be affixed to his Vietnam Service Medal.

8.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1980; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 March 1983.  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.



10.  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

___MKP_  __REB__  ___LMB__  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 the Army Commendation Medal, the Armed Forces
Expeditionary Medal, the Korea Defense Service Medal, the Vietnam Service
Medal with four bronze service stars, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.


                                  ____Margaret K. Patterson____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011546                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19800331                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 12                  |
|DISCHARGE REASON        |Required Service for Retirement         |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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