RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 NOVEMBER 2004
      DOCKET NUMBER:  AR2004104599


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Hubert Fry                    |     |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 that his record be corrected to show award of
the Purple Heart and to show his date of birth as 8 January 1947.

2.  The applicant states that he received a gunshot wound to his left hand.
 He did not realize that the award of the Purple Heart was not shown on his
DD Form 214 (Report of Transfer or Discharge) until he filed a claim with
the Department of Veterans Affairs (VA).

3.  The applicant provides copies of photographs and an account concerning
a fellow Soldier who was determined to be missing in action on the same
date that he was wounded in action.  He also provides a certified copy of a
birth certificate showing that he was born on 8 January 1947.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 June 1970.  The application submitted in this case is
dated        21 January 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 into the Army on 20 November 1968.  His
record of induction shows his date of birth as 4 September 1945.  In the
statement of personal history that he completed on 19 November 1968, he
indicated that his date of birth was 4 September 1945.

4.  The applicant completed training as an artilleryman and in May 1969 was
assigned to Battery C, 5th Battalion, 27th Artillery, in Vietnam.  On 17
December 1969 he was awarded the Army Commendation Medal with "V" device
for his heroism from 28 October 1969 to 1 November 1969.

5.  On 9 December 1969 he requested that his tour of duty in Vietnam be
extended for 53 days in order to receive an early separation from the Army.
 His request was approved.
6.  On 22 February 1970 the applicant was awarded the Army Commendation
Medal (First Oak Leaf Cluster) for meritorious service.

7.  The applicant completed his tour of duty in Vietnam in June 1970.  He
participated in four campaigns during his tour of duty and the 5th
Battalion,    27th Artillery was awarded the Republic of Vietnam Gallantry
Cross Unit Citation with Palm for its actions while the applicant was
assigned to that unit.

8.  The applicant was released from active duty on 22 June 1970 and
transferred to the Army Reserve Control Group (Annual Training) at St.
Louis.  His DD Form 214 does not show award of the Purple Heart.  His DA
Form 20 (Enlisted Qualification Record) does not indicate that he was
wounded in action or that he was awarded the Purple Heart.

9.  The applicant's DD Form 214 shows that he was awarded the Army
Commendation Medal (First Oak Leaf Cluster), but does not indicate that one
award of that medal was for heroism, e.g., Army Commendation Medal with "V"
device.  That form shows award of the Vietnam Service Medal but in so doing
does not indicate the number of campaigns he participated in.

10.  The applicant's DD Form 214 shows his date of birth as 4 September
1945.

11.  On 20 March 1975 he enlisted in the Army Reserve for 1 year.  His
enlistment document shows his date of birth as 4 September 1975.  He
extended his enlistment for 1 year and on 19 March 1978 the applicant
enlisted in the Army Reserve for 3 years.  His enlistment document shows
his date of birth as              4 September 1945.  The documents
contained in the applicant's official military personnel file (OMPF), to
include a National Agency Check Request, all show his date of birth as 4
September 1945.  He was discharged from the Army Reserve
on 18 March 1981.

12.  Army Regulation 600-8-22 provides 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.  The Vietnam Casualty Roster maintained at this agency does not list
the applicant as having been wounded in action.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the applicant's contention, and his copies of
photographs and account of a fellow Soldier who was missing in action,
there is no evidence to show that he was wounded in action.  The applicant
has submitted neither medical documents nor any other conclusive evidence
to support his request.  There is insufficient evidence to show that he was
wounded in action.  Consequently, there is no basis for award of the Purple
Heart.

2.  The applicant's birth certificate, certified as being true and correct,
shows that his date of birth is 8 January 1947.  It would appear then, and
notwithstanding the information shown in the documents contained in his
OMPF, this is his date of birth.  Therefore, the applicant's DD Form 214
should reflect this date as his date of birth.

3.  The applicant was awarded the Army Commendation Medal with "V" device.
That award should be reflected on his DD Form 214.  The applicant is
entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation
with Palm and the Vietnam Service Medal with four bronze service stars (one
for each campaign).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JH  __  __LE ___  ___HF __  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 the applicant's 22 June 1970
DD Form 214 be corrected:

      a.  by showing his date of birth as 8 January 1947;


      b.  by showing he was awarded one of his Army Commendation Medal with
a “V” device; and


      c.  by showing that he is entitled to the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and four bronze service stars 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.




                            _____   James Hise________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104599                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041118                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |107.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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