RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        02 AUGUST 2005
      DOCKET NUMBER:  AR20050000045


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McCants              |     |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 reflect award
of the Purple Heart.

2.  The applicant states he was injured on 9 July 1966 when he “jumped on
punji stakes” and was subsequently flown to a hospital on 10 July 1966.  He
states that he is entitled to the Purple Heart and has known that he was
entitled to the award “all along.”

3.  The applicant provides no evidence in support of his request.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant’s records to reflect award
of the Purple Heart.

2.  Counsel states that in the heat of a firefight, in a sparse jungle
area, the applicant jumped into the bush when the attack came and landed on
punji stakes.  He notes, that fortunately for the applicant, the punji
stakes were pointed away from the direction in which he jumped, but his
right testicle was severely injured.  Counsel states that the applicant’s
comrades pulled him out of the punji pit, but the applicant was not
evacuated until the following day.  He states the applicant spent 2 weeks
in a military hospital.

3.  Counsel provides no evidence in support of the request beyond the
statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 August 1967.  The application submitted in this case
is dated
1 November 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 limitations 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.  Records available to the Board indicate that the applicant entered
active duty on 19 August 1964.  He was awarded an infantry specialty and in
December 1965 he was assigned to Company A, 1st Battalion, 18th Infantry in
Vietnam.

4.  According to a field medical card, the applicant was “tagged” at the
unit’s command post on 3 June 1966 for an “infection on left foot, also
swelling.”

5.  The applicant departed Vietnam in December 1966 and completed his
enlistment contract at Fort Knox, Kentucky.  On 18 August 1967 the
applicant was released from active duty.  Neither his separation document,
nor his Department of the Army Form 20 (Enlisted Qualification Record)
reflects entitlement to the Purple Heart.  Item 40 (wounds) on his
Department of the Army Form 20 is blank.  The applicant authenticated the
accuracy of the information on his Department of the Army Form 20 on 10
August 1967 and on his separation document on the date of his release from
active duty.

6.  There were no medical records available to the Board or provided by the
applicant.  However, a Physical and Mental Status on Release from Active
Service form notes the applicant’s physical profile as of 18 August 1967
was
1-1-1-1-1-1.  His name was not among a list of individuals reported as
combat casualties during the Vietnam War.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual was assigned.  Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam would be awarded the Purple
Heart directly by the hospital commander rendering treatment.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in two designated campaigns (Vietnam
Counteroffensive and Vietnam Counteroffensive Phase II) during the
applicant’s period of assignment.  Two bronze service stars on the Vietnam
Service Medal, which is recorded on his separation document, should reflect
his campaign participation.  The unit was also awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation during his tenure with
the organization.  The unit awards were also omitted from his separation
document.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, there is no medical evidence available to the Board, or
provided by the applicant, which confirms that he was wounded as a result
of hostile action while in Vietnam.  In the absence of such medical
evidence, there is no basis for an award of the Purple Heart.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 August 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
17 August 1970.  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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WP__  ___RD __  ___JM  __  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  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 entitlement to two bronze service stars on his Vietnam
Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with
Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.



                                  _____ William Powers_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000045                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050802                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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