RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           28 July 2005
      DOCKET NUMBER:  AR20040011725


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Mr. James Gunlicks                |     |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 that on or about 1 July 1969 the armored personnel
carrier (APC) he was gunner on hit a landmine.  He contends that he went
flying into the air, hit the ground, and got shrapnel in his hand.  He
states that the medic at the time in question informed him that it would
not do any good for him to request a Purple Heart for the applicant because
the company commander was not issuing any more medals.  He also states that
he remembers the medic filled out papers on the incident.

3.  The applicant provides a photograph of an APC and excerpts from several
letters that he received from home at the time in question.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 September 1969.  The application submitted in this case is
dated
18 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 was inducted on 14 February 1968.  He served as a light
weapons infantryman assigned to Troop I, 3rd Squadron, 11th Armored Cavalry
Regiment in Vietnam from 23 July 1968 through 6 August 1969.  He was
assigned to Headquarters and Headquarters Troop, 11th Armored Cavalry
Regiment in Vietnam from 7 August 1969 through 15 September 1969.  On
17 September 1969, the applicant was released from active duty.

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the
National Defense Service Medal, the Vietnam Service Medal, the Vietnam
Campaign Medal, the Combat Infantryman Badge, and the Army Commendation
Medal as authorized awards.

5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

7.  The applicant underwent a separation physical examination on 17
September 1969 which makes no mention of any injuries or wounds received as
a result of hostile action.

8.  In support of his claim, the applicant provided excerpts from letters
that he received from home at the time in question.  These excerpts relate
that the applicant’s track hit a mine.

9.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

10.  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 the applicant's unit (Troop I,
11th Armored Cavalry) is entitled to award of the Valorous Unit Award for
actions during the period 23-25 May 1969 based on Department of the Army
General Orders Number 50, dated 1971.  His unit received a second award of
the Valorous Unit Award for actions during the period 17-20 June 1969 based
on Department of the Army General Orders Number 53, dated 1970.

11.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
(11th Armored Cavalry) is entitled to one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation (7 September 1966 to 10 August
1968) based on Department of the Army General Orders Number 60, dated 1969,
and one award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation
(1 May 1969 to 15 February 1970) based on Department of the Army General
Orders Number 50, dated 1971.

12.  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.

13.  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.

14.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.  This guidance also provides that when a single unit receives
duplicate awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation during the same period, then only one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation will be recorded in
official personnel records.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records which shows that the
applicant was wounded or injured as a result of hostile action in Vietnam.
In the absence of orders or other evidence of record showing that the
applicant was injured or treated for wounds as a result of hostile action
in Vietnam, the excerpts from the letters provided by the applicant are not
sufficient as a basis for award of the Purple Heart.  Regrettably, there is
insufficient evidence on which to base award of the Purple Heart in this
case.

2.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

3.  The applicant’s unit (Troop I, 11th Armored Cavalry) received two
awards of the Valorous Unit Award while he was assigned to it.

4.  The applicant’s unit (11th Armored Cavalry) was awarded two awards of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he
is entitled to wear one of those awards.  However, his DD Form 214 should
be corrected to show two awards of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 17 September 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 16
September 1972.  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
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

WP_____  LB______  JG______  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.  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 the Vietnam Service Medal with four bronze service stars,
two awards of the Valorous Unit Award, and two awards of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.




            ___William Powers_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011725                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050728                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]