RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2005
      DOCKET NUMBER:  AR2004106636


      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             |
|     |Ms. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states that he did not receive the Purple Heart that is
listed on his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

3.  The applicant provides no documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 August 1969, the date of his separation from active service.
 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 active service on 16 August 1967 for a
period of 2 years.  He completed basic and advanced individual training and
was awarded the military occupational specialty 11D40 (Armor Intelligence
Specialist).  The applicant served in Vietnam from 13 January 1968 through
12 January 1969.  He was honorably separated from active service on 15
August 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.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show an entry in item 40 (Wounds).  Item 41 of this form (Awards,
Decorations and Campaigns) does not show award of the Purple Heart.

6.  There are no orders in the applicant's service personnel records
supporting  award of the Purple Heart.  There is also no evidence which
shows that the applicant was wounded or treated for wounds as a result of
hostile action.
7.  The applicant's name is not listed on the Vietnam Casualty Roster.

8.  The applicant's service personnel records do not contain any medical
records that show the applicant was wounded or treated for wounds as a
result of hostile action.

9.  Review of the applicant's records indicate that he may be entitled to
campaign credit and additional awards and decorations which is not shown on
his DD Form 214.

10. The applicant's service records indicate he participated in the
following   campaigns:  the Vietnam Counteroffensive Phase III (1 June 1967
through 29 January 1968), the Tet Counteroffensive (30 January 1968 through
1 April 1968), the Vietnam Counteroffensive Phase IV (2 April 1968 through
30 June 1968), the Vietnam Counteroffensive Phase V (1 July 1968 through 1
November 1968) and the Vietnam Counteroffensive Phase VI (2 November 1968
through
22 February 1969).  The applicant's award of the Vietnam Service Medal does
not indicate credit for these campaigns.

11.  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 that, at the time of the
applicant's assignment to Troop F, 17th Cavalry, 196 Infantry Brigade, it
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 8, dated 1974.

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

13.  Army Regulation 800-8-22 (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.  There is no statue of limitations governing requests for
award of the Purple Heart.

14.  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.

15.  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.

16.  Army Regulation 600-8-22 provides, in pertinent part, that a silver
service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to correction of his records to
show award of the Purple Heart.

2.  There are no orders which show that the applicant was awarded the
Purple Heart.

3.  There are no medical records which show that the applicant 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.

4.  The applicant is entitled to award of the silver service star to be
worn on his Vietnam Service Medal.  This award is based on his
participation in five campaigns during his service in Vietnam.

5.  The applicant is entitled to the first award of the Good Conduct Medal
based on completion of qualifying service from 16 August 1967 to 15 August
1969 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.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 August 1969, therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
14 August 1972.  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.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__lds___  __jtm___  __cak___  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 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 16 August 1967 through 15 August 1969, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a silver
service star to be worn on his Vietnam Service Medal.

2.  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.




                                        Linda D. Simmons
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106636                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050111                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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