RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           22 June 2004
      DOCKET NUMBER:   AR2004103873


      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. Michael J. Fowler             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. Lawrence Foster               |     |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 was promised the Purple Heart after he
received injury to his nose from enemy gunfire during combat in Vietnam.

3.  The applicant further states that his wound resulted in his evacuation
for medical treatment.

4.  The applicant provides a VA Form 21-4138 (Department of Veteran Affairs
Statement In Support Of Claim.)

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error, which occurred on
22 May 1970, the date of his separation from active duty.  The application
submitted in this case is dated 28 January 2004.

2.  Title 10, U.S. Code Section 1552(b), provides that applications for
correction of military records must be filled within 3 years after
discovery of the alleged error
or injustice.  This provision of the law allows the Army Board for
Correction of Military Records (ABCMR) to excuse failure to file within the
3-years statute of limitation if the ABCMR determines that it would be in
the best 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 best interest of justice to
excuse the applicant’s failure to timely file.

3.  The applicant was inducted on 23 May 1968.  His service records show
that he served in Vietnam from 19 October 1968 through 17 October 1969.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign, Ribbons Awarded or Authorized) of the applicant's DD Form 214
does not show award of the Purple Heart.

5.  There are no General Orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.

6.  There is no evidence in his service personnel records that shows that
he was wounded or treated for wounds as a result of hostile action in
Vietnam.  The applicant's name is not listed on the Vietnam Casualty
Roster.




7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in
item
38 (Record Of Assignments) that he was a patient at the 249th General
Hospital from 2 March 1969 through 23 March 1969.  However, there are no
records which show the reason for the applicant's hospitalization.

8.  Review of the applicant's records shows that he is entitled to
additional awards which are not listed on his DD Form 214.

9.  There is no evidence the applicant received the first award of the Good
Conduct Medal.

10.  There is no evidence the applicant was disqualified by his chain of
command from receiving the Good Conduct Medal.  His records do not contain
any adverse information and he received conduct and efficiency ratings of
"excellent" throughout his service.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to Company A, 3rd Battalion, 1st Infantry, it was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Headquarters Department of the Army General Orders Number
42, dated 1972.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to Company A, 3rd Battalion, 1st Infantry, it was
cited for award of the Valorous Unit Award based on Headquarters Department
of the Army General Orders Number 43, dated 1972.

13.  The applicant’s service records indicate he served in four campaigns
in Vietnam:  the Vietnam Counteroffensive Phase V, the Vietnam
Counteroffensive Phase VI, the TET 69 Counteroffensive, and the Vietnam
Summer/Fall 1969 Campaign.  However, his DD Form 214 shows the Vietnam
Service Medal with one bronze service star denoting participation in only
one campaign.

14.  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.  This regulation also provides that there is no statute of
limitations on request for award of the Purple Heart.

15.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Valorous Unit Award to units of the Armed Forces of the United States for
extraordinary heroism in action against an armed enemy of the United States
while engaged in military operations involving conflict with an opposing
foreign force or while serving with friendly foreign forces engaged in an
armed conflict in which the United States is not a belligerent party for
actions occurring on or after 3 August 1963.  This award requires a lesser
degree of gallantry, determination, and esprit de corps than required for
the Presidential Unit Citation.  Nevertheless, the unit must have performed
with marked distinction under difficult and hazardous conditions in
accomplishing its mission so as to set it apart from and above other units
participating in the same conflict.  The degree of heroism required is the
same as that which would warrant award of the Silver Star to an individual.

17.  Army Regulation 600-8-22, provides, in pertinent part, for 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he sustained a nose injury as a result of
hostile action in Vietnam and was promised the Purple Heart.

2.  The applicant’s DD Form 214, which was authenticated in his own hand at
the time of his separation from the Service, does not show the Purple Heart
as an authorized award.

3.  There are no orders in the applicant’s service personnel records, which
show that he was awarded the Purple Heart, and there is no evidence in his
records that he was wounded or treated for wounds as a result of hostile
action.

4.  In the absence of military records, which show the applicant was
wounded or injured or treated for wounds as a result of hostile action,
there is not a sufficient basis for correction of his record to show award
of the Purple Heart.

5.  The applicant is entitled to the first award of the Good Conduct Medal
based on completion of qualifying service from 23 May 1968 through 22 May
1970 ending with termination of a period of Federal military service.



6.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.

7.  General Orders show the applicant is entitled to award of the Valorous
Unit Award.

8.  The applicant’s participation in four campaigns in Vietnam qualifies
him for award of four bronze service stars to be worn on his Vietnam
Service Medal.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 May 1970.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 21 May 1973.  Although, the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file in this case based on the fact there is no statute of
limitations on request for award of the Purple Heart.

BOARD VOTE:

_JM_____  __LF____  _JNS___   GRANT 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 showing award of the
Good Conduct Medal
(1st Award) for the period 23 May 1968 to 22 May 1970; award of the
Valorous Unit Award; award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and award of four 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.



                  _John N. Slone____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103873                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |                                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          | GRANT                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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