RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:  1 July 2004
      DOCKET NUMBER:  AR2004100259


      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. Vic Whitney                   |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Lana McGlynn                  |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. John Meixell                  |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 he injured his ankle during a rocket attack
but never completed the paperwork for the award.

3.  The applicant provides no documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 31 May 1970.  The application submitted in this case is dated
25 October 2003.

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's military records show that he enlisted and entered
active duty on 16 August 1968.  He completed training as a personnel
specialist and was assigned to Vietnam from 4 July 1969 through 31 May 1970
to the 101st Airborne Division, Administration Company.  He was separated
from active duty effective 31 May 1970 and transferred to the Army Reserve.

4.  The applicant's DD Form 214 (Report of Transfer or Discharge) does not
show the Purple Heart as an authorized award.  It also does not list any
bronze service stars for the Vietnam Service Medal or the marksmanship
level for his qualification with the rifle.  His DA Form 20 (Enlisted
Qualification Record) in item 40 (Wounds) is blank and the Purple Heart is
not listed as an authorized award in item 41 (Awards and Decorations).  The
applicant's name does not appear on the Vietnam Casualty List.

5.  The applicant's Report of Medical Examination conducted at the time of
his separation makes no mention of a wound or injury as a result of enemy
action or evidence of residuals of a wound or injury as a result of enemy
action.

6.  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.
7.  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, which in this case is
the Vietnam Service Medal.  The applicant's records show that he
participated in three campaigns.

8.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.  The applicant's records show that he qualified with the rifle as
an expert.

9.  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 unit, to which the applicant
was assigned during the period cited, was cited for award of the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 48, dated 1971 and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record, and insufficient evidence presented by
the applicant, to show that he was wounded or sustained an injury as a
result of hostile action.  Therefore, there is insufficient evidence on
which to base an award of the Purple Heart in this case.

2.  Applicable regulations show that the applicant is entitled to three
bronze service stars for wear on the Vietnam Service Medal, the Expert
Marksmanship Badge with rifle bar, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 May 1973.  However, 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.


4.  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 RELIEF

________  ________  ________  GRANT FORMAL HEARING

___lm___  __ls____  ___jm___  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 concerning an award of the
Purple Heart.

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 three bronze service stars for wear on the Vietnam
Service Medal, the Expert Marksmanship Badge with rifle bar, the Republic
of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.




            ___Lana McGlynn___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100259                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040701                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY W/Note                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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