RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20040011722


      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             |
|     |Ms. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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.  The applicant also requests that he be provided the
citations for his Bronze Star Medal and Army Commendation Medal.

2.  The applicant states that he was wounded in the left hand and was asked
if he wanted the Purple Heart and he turned it down.  He wishes he had
never turned down the award.  The applicant further states that he never
received citations for his Bronze Star Medal and Army Commendation Medal.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 October 1970.  The application submitted in this case is
dated 19 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 was inducted into the Army of the United States on 27
March 1969.  He completed combat and advanced individual training and was
awarded the military occupational specialty (MOS) 31B20 (Field Radio
Mechanic).  The highest rank the applicant attained while serving on active
duty was specialist four.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms
that he served in the Republic of Vietnam (RVN) from 19 September 1969
through
28 October 1970.  During his RVN tour, he was assigned to Headquarters and
Headquarters Company, 2nd Battalion, 502n Infantry, 101st Airborne Division
(Airmobile), United States Army Pacific (USAPAC).  Item 38 (Record of
Assignments) further shows that he received “Excellent” conduct and
efficiency ratings at all of his active duty assignments.

5.  Item 40 (Wounds) of the DA Form 20 contains no entries showing the
applicant was wounded.

6.  The applicant’s military personnel records contains no derogatory
information and there is no documented record of a disqualification from
any of the applicant’s active duty commanders that would have precluded him
from receiving the Army Good Conduct Medal.

7.  On 30 October 1970, the applicant was honorably released from active
duty.  The DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) he was issued at the time confirms that he completed
a total of 1 year, 7 months, and 4 days of active military service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he earned the Vietnam Service Medal (VSM), the National Defense
Service Medal, the Republic of Vietnam (RVN) Campaign Medal, the Bronze
Star Medal, the Army Commendation Medal, 2 Overseas Service Bars, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

9. The applicant’s records contain General Orders Number 3430,
Headquarters, 101st Airborne Division (Airmobile), dated 27 March 1970.
These orders show the applicant was awarded the Army Commendation Medal for
meritorious achievement for the period 1 October 1969 through 28 February
1970.  There is no citation in the available records for this award.

10.  The applicant’s records also contain General Orders Number 8644,
Headquarters, 101st Airborne Division (Airmobile), dated 4 August 1970.
 These orders show the applicant was awarded the Bronze Star Medal for
meritorious service in connection with ground operations against a
hostile force for the period 1 October 1969 through
31 July 1970.  There is no citation in the available records for this
award.

11.  There are no orders in the applicant's service personnel records which
show award of the Purple Heart.  There is also no evidence which shows that
the applicant was wounded or treated for wounds as a result of hostile
action.

12.  The applicant’s name is not listed on the Vietnam Casualty Roster.

13.  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 have required
treatment, and the medical treatment must have been made a matter of
official record.
14.  Paragraph 2-13 of the awards regulation contains guidance on award of
the VSM and it states, in pertinent part, that a bronze service star is
authorized with this award for each campaign a member is credited with
participating in while serving in the Republic of Vietnam (RVN).  One
bronze service star is authorized for wear on the VSM in lieu of five
bronze service stars.  Table B-1 contains a list of campaigns and it shows
that during the applicant’s tenure of assignment in the RVN, he was
credited with participating in the following campaigns; the Summer-Fall
Campaign, the Winter-Spring Campaign, the Sanctuary Counteroffensive, and
the Vietnam Counteroffensive Phase VII.

15.  Chapter 4 of the awards regulation prescribes the policy for award of
the
Army Good Conduct Medal.  It states, in pertinent part, that the Army Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity for each 3 years completed on or after 27
August 1940.  Although there is no automatic entitlement to the Army Good
Conduct Medal, disqualification must be justified.

16.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit for service in RVN.  It confirms that during his
tenure of assignment in the RVN, the applicant’s unit, 2nd Battalion, 502nd
Infantry,  earned the Valorous Unit Award, the RVN Civil Actions Honor
Medal First Class, and the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  In order to award the Purple Heart, it is necessary to establish that a
Soldier was wounded as a result of enemy action, that the wound required
treatment by a medical officer, and that the record of medical treatment
was made a matter of official record.

2.  The evidence of record provides no confirmation that the applicant was
ever wounded or injured in action, or that he was ever recommended for or
awarded the Purple Heart.  Item 40 of his DA Form 20 contains no entry
indicating he was wounded or injured in action and there are no documents
or orders on file that indicate he was ever recommended for or awarded the
Purple Heart.

3.  The applicant’s DD Form 214 does not include the Purple Heart in the
list of authorized awards and he authenticated this document with his
signature, verifying that the information it contained, to include the list
of authorized awards,
was correct at the time the separation document was prepared and issued.
The applicant’s name is not included on the Vietnam Casualty Roster.  As a
result, the regulatory burden of proof necessary to support award of the
Purple Heart has not been satisfied in this case.

4.  The applicant’s records are void of citations for the Bronze Star Medal
and the Army Commendation Medal.  Therefore, the applicant’s request for
these documents cannot be granted.

5.  The applicant’s DA Form 20 confirms that he received excellent conduct
and efficiency ratings at all of his active duty assignments and his
military personnel records are void of any derogatory information or a
specific disqualification from any of the active duty unit commanders for
whom he served.  Therefore, it would be appropriate to award him the first
award of the Army Good Conduct Medal, for his qualifying period of active
duty service from 27 March 1969 through 30 October 1970.

6.  The record also confirms that based on his RVN service and campaign
participation, the applicant is entitled to award of the Valorous Unit
Award, the RVN Civil Actions Honor Medal First Class, and the RVN Gallantry
Cross with Palm Unit Citation and four bronze service stars for wear on his
Vietnam Service Medal to reflect his participation in four campaigns.
Therefore, it would be appropriate to correct the applicant’s records to
show these awards.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 October 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
29 October 1973.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JTM __  __WDP  _  __LJO __  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 awarding him the first
award of the Army Good Conduct Medal; by showing he is entitled to the
Valorous Unit Award, the RVN Civil Actions Honor Medal First Class, the RVN
Gallantry Cross with Palm Unit Citation and 4 bronze service stars to be
worn on his 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
award of the Purple Heart.




                                  ____William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011722                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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