RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 November 2004
      DOCKET NUMBER:  AR2004105881


      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. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Hubert O. Fry, Jr.            |     |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 the award of the Purple Heart.

2.  The applicant states, in effect, he was wounded in February 1967 while
in Vietnam and never received the Purple Heart.  The applicant further
states that he discovered he was entitled to award of the Purple Heart when
the Department of Veterans Affairs (DVA) granted him service-connected
disability.

3.  The applicant provides a 24 March 2002 letter of support; an undated
letter of support; a PTSD (Post Traumatic Stress Disorder) Questionnaire
form; a copy of a DVA rating decision, dated 30 July 2003; and a photograph
in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 January 1968, the date of his separation from the United
States Army. The application submitted in this case is dated 16 March 2004.

2.  Title 10 U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years of discovery of
the alleged error or injustice. This provision of law allows the Army Board
for Correction to 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 best interest of justice to do so.  In this case, the ABCMR will
conduct 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 11 January 1966.  Upon
completion of basic and advanced individual training he was awarded
military occupational specialty 11C (Indirect Fire Crewman).  On 1 December
1966, he was assigned to Company C 3rd Battalion 60th Infantry of the 9th
Infantry Division in Vietnam.

4.  The applicant’s DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge), with an effective date of 10 January 1968, does
not show that he was awarded the Purple Heart.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not
show any entry in item 40 (Wounds) or list the Purple Heart in item 41
(Awards and Decorations).

6.   There are no General Orders in the available records which show that
the applicant was awarded the Purple Heart. There is also no evidence in
the available records that shows he was wounded or treated for wounds as a
result of a hostile action.

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

8.  The applicant submitted an undated photograph of soldiers looking at a
destroyed Army Personnel Carrier (APC).  This photograph does not show that
the applicant was wounded as a result of hostile action.

9.  The PSTD Questionnaire submitted by the applicant is a self-authored
assessment of the cause of his stress.  This document does not show or
verify that he was wounded or treated for wounds as result of hostile
action.

10.  The applicant provided a DVA rating decision, dated 30 July 2003,
which shows that the applicant was granted service connected disability in
the amount of 10 percent for residuals of shrapnel wounds to the right hip.


11.  The DVA rating decision states that there is no evidence in the
applicant's service medical records which shows he was wounded as a result
of hostile action.  The DVA rating decision shows the DVA granted service
connected disability based on "reasonable doubt."

12.  The applicant provided two letters of support which essentially stated
that the authors served with the applicant in Vietnam and that he was
injured sometime in February or March 1967.

13.  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.

14.  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 , the 3rd Battalion, 60th Infantry of the 9th Infantry
Division was cited for award of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation for the period 1 December 1966 through 30 June 1968
by Department of the Army General Order Number 31, dated 1969.
15.   Department of the Army Pamphlet 672-3 also shows the applicant is
entitled to the award of the Republic of Vietnam Civil Actions Honor Medal,
First Class for the period 19 December 1966 through 28 June 1969 by
Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the award of the Purple Heart.

2.  The applicant's DD Form 214 does not show award of the Purple  Heart
and his name is not on the Republic of Vietnam Casualty Roster.

3.  The applicant contends that the DVA rating decision which granted
service connected disability for shrapnel wounds to his right hip entitles
him to award of the Purple Heart.  The DVA rating decision does not show
that the applicant was injured or treated for injuries that occurred as a
result of hostile action.

4.  DVA records show that the DVA rating for service-connected disability
for shrapnel wounds was based on "reasonable doubt."

5.  The letters of support provided by fellow soldiers state he was injured
or wounded during combat.  However, these statements do not indicate the
fellow soldiers were eyewitnesses and do not describe the combat action or
the nature of the wounds. Therefore, these statements by themselves are not
sufficient as a basis for award of the Purple Heart, particularly when
other evidence of record shows he was not wounded as a result of hostile
action.

6.  There are no orders available which awarded the applicant the Purple
Heart.  The applicant's separation medical record does not show that he was
wounded or treated for wounds as a result of hostile action during his
service in Vietnam.  In the absence of such evidence, there is insufficient
basis for award of the Purple Heart in this case.

7.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 31, dated 1969.  Therefore, he is entitled to correction of
his DD Form 214 to show this foreign unit award.

8.  The applicant is also entitled to award of the Republic of Vietnam
Civil Actions Honor Medal First Class based on the Department of the Army
General Orders 59, dated 1969.  Therefore, he is entitled to correction of
his DD Form 214 to show this foreign unit award.
9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 January 1968, the date of his
separation; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 9 January 1971.  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.

10.  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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JCH____  __HOF___  _LE____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's three
year statute of limitations in this case.

2.  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 to show award of
the Purple Heart.







3.  The Board further 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 he was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal First Class.





                                        __James C. Hise_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004105881                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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