RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 December 2004
      DOCKET NUMBER:  AR2004106010


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 records be corrected to show that he
was awarded the Purple Heart.

2.  The applicant states that he was wounded in Vietnam when a munitions
dump exploded.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) and a sketch of the munitions dump.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 November 1968, the date his DD Form 214 was issued.
The application submitted in this case is dated 23 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 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 of the United States for 2
years on 17 November 1966.  He was trained in military occupational
specialty (MOS) P55 (Ammunition Storage Specialist) and transferred to
Vietnam.

4.  The applicant served in Vietnam with the 188th Ordnance Company in
Pleiku. He served from on/about 26 May 1967 to on/about 28 May 1968 during
the following campaigns:  Counteroffensive, Phase II, 1 July 1966-31 May
1967; Counteroffensive, Phase III, 1 June 1967-29 January 1968; and Tet
Counteroffensive, 30 January-1 April 1968.

5.  The applicant returned to the United States and was separated at Yuma
Proving Ground, Arizona on 15 November 1968.  His DD Form 214 lists the
following awards and decorations:  Good Conduct Medal, National Defense
Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with 1960
Device, and 2 Overseas Service Bars.  The Purple Heart is not listed as an
authorized award.

6.  There are no orders in the applicant's records awarding him the Purple
Heart. The applicant's DA Form 20 (Enlisted Qualification Record) does not
list the Purple Heart or show any wounds received from combat.  The
applicant's name does not appear on the Vietnam Casualty List.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
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:  (1) the wound was the result of hostile action;
(2) the wound required medical treatment; and (3) the medical treatment was
made a matter of official record.

8.  AR 600-8-22 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.  The applicant participated in three
campaigns.

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 was cited for award of the Vietnam Gallantry Cross Unit
Citation with Palm for the period 20 July 1965 to 28 March 1973, by
Department of the Army General Order Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the record, nor has the applicant provided any,
to show that he is entitled to award of the Purple Heart.

2.  The applicant is entitled to award of three bronze service stars for
wear on his Vietnam Service Medal and the Vietnam Gallantry Cross Unit
Citation with Palm.  His record should be corrected to reflect these
awards.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 November 1968, the applicant's date
of discharge; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 14 November 1971.  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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __lds___  __mjf___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 that he was awarded 3 bronze service stars for wear on
his Vietnam Service Medal and the Vietnam Gallantry Cross Unit Citation
with Palm.



                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106010                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041209                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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