RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 October 2005
      DOCKET NUMBER:  AR20050000333


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |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 that he be awarded the Purple Heart.

2.  The applicant states that he received a wound to his eye on or about 15
July 1966 during combat operations.  He indicates he just learned that he
might be entitled to the Purple Heart for an injury caused by an
"instrumentality of war".

3.  The applicant provides copies of two pages from his service medical
record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 February 1975, the date of his retirement.  The application
submitted in this case is dated 22 December 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.  The records show the applicant entered active duty on 9 March 1953, was
commissioned on 18 January 1965, and served on continuous active duty until
he retired on 28 February 1975.

4.  The applicant served in Vietnam from 16 February 1966 through
16 December 1966 and 24 July 1968 through 15 July 1969.

5.  The applicant's 28 February 1975 DD Form 214 (Report of Separation)
lists his authorized awards and decorations as the Bronze Star Medal with
Oak Leaf Cluster, the Army Commendation Medal with Oak Leaf Cluster, the
Air Medal, the Joint Service Commendation Medal, the National Defense
Service Medal with Oak Leaf Cluster, the United Nations Service Medal, the
Vietnam Service Medal, the Korean Service Medal, the Good Conduct Medal
(3rd award), the Republic of Vietnam Campaign Medal with "1960" device, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat
Infantryman Badge, and the Parachutist Badge.

6.  A DD Form 66 (Officer Qualification Record) indicates the applicant
served in Vietnam during six campaign periods and that he qualified as a
second-class marksman with the machine gun and as a marksman with the M-14
rifle.

7.  A DA Form 20 (Enlisted Qualification Record) indicates that during the
applicant's enlisted service he also qualified as a marksman with the
carbine and as expert with the carbine and M-1 rifle.

8.  A 7 January 2005 DD Form 215 (Correction to DD Form 214) indicates the
applicant was awarded the Korea Defense Service Medal.

9.  The medical treatment record provided by the applicant indicates the
applicant sustained a laceration to his eye from an antenna on 17 July
1966.  There is no indication of the cause of the injury on the available
record.

10.  A review of the Vietnam Casualty List failed to locate the applicant's
name.

11.  Army Regulation 600-8-22, paragraph 2-8 provides that the Purple Heart
is awarded to an individual who is wounded in action against an enemy of
the United States, the armed force of a foreign country which is or has
been engaged, while serving with a friendly foreign forces against an
opposing force even though the U.S. is not engaged, as the result of any
act of such enemy or opposing force or as a result an act of any hostile
foreign force.  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.

12.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  A silver service star is
authorized in lieu of five bronze service stars.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the Vietnam Service Medal.  Based on the applicant's
dates of service in Vietnam, Appendix B indicates he participated during
the following six campaign periods:  the Vietnam Counteroffensive, 25
December 1965 – 30 June 1966; the Counteroffensive Phase II, 1 July 1966 –
31 May 1967; the Counteroffensive Phase V, 1 July 1968 – 1 November 1968;
the Counteroffensive Phase VI, 2 November 1968 – 22 February 1969; the Tet
69 Counteroffensive, 23 February 1969 – 8 June 1969; and the Vietnam
Summer–Fall 1969, 9 June 1969 – 31 October 1969.


DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided insufficient evidence to substantiate that
the 17 July 1966 injury to his eye was sustained while in action against
the enemy or was the a result of hostile action.  Therefore, award of the
Purple Heart is not warranted.

2.  The applicant is authorized award of the Expert Badge with Carbine and
Rifle Bars; the Marksman Badge with Machine Gun, Carbine, and Rifle Bars;
and is entitled to wear one silver service star and one bronze service star
on his Vietnam Service Medal.

3.  Correction of the applicant’s records to reflect these awards 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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 February 1975; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 February 1978.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ TSK   _  __PHM__  _CAK___  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 that, in addition to the awards listed on his 28 February
1975 DD Form 214, and his
7 January 2005 DD Form 215, the applicant is authorized the Expert Badge
with Carbine and Rifle Bars; the Marksman Badge with Machine Gun, Carbine,
and Rifle Bars; and to wear one silver service star and one bronze service
star on his Vietnam Service Medal.





                                  __      Ted S. Kanamine_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000333                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051013                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny with note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107 PH                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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