RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050000988


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. Robert Rogers                 |     |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 was wounded and received the Purple Heart
during his tour of duty with the 2nd Battalion, 14th Infantry, 25th
Infantry Division. The award was made in country, but the orders were never
placed in his personnel file or posted to his 201 file.

3.  The applicant provides an eyewitness statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 December 1972.  The application submitted in this case is
dated 7 January 2005.

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 applicant enlisted in the Regular Army on 2 July 1965 for a period
of three years.  He completed basic and advanced individual training and
was awarded military occupational specialty 11H (Infantry Direct
Firecrewman).  He was assigned to the 2nd Battalion, 14th Infantry, 25th
Infantry Division in Hawaii on 31 December 1965.  He was assigned to
Vietnam with this unit on an unknown date.

4.  The applicant was discharged on 26 August 1966 for the purpose of
immediate reenlistment.  His DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) for the period ending 26 August 1966 does
not show entitlement to the Purple Heart.

5.  Item 27 (Wounds Received As A Result of Action with Enemy Forces) on
his DD Form 214 for the period ending 26 August 1966 shows the entry
"None."

6.  He was reenlisted on 27 August 1966 for a period of six years.
7.  The applicant departed Vietnam on 23 February 1967 and was credited
with participation in three campaigns.

8.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  His name is not included on the Vietnam
Casualty Roster.

9.  The applicant was discharged on 14 December 1967 to accept appointment
as a warrant officer.  His DD Form 214 for the period ending 14 December
1967 does not show entitlement to the Purple Heart.

10.  He was appointed as a Reserve warrant officer on 15 December 1967.  He
served with the 173rd Assault Helicopter Company in Vietnam from 4 June
1968 to 9 March 1969.

11.  The applicant underwent a flight physical on 4 December 1968.  His
Report of Medical Examination (Standard Form 88) indicates he had two one-
inch scars on palmer surface of left hand and one two-inch scar on palmer
surface of right hand.  He checked "No" in Block 33 and Block 34 on his
Report of Medical History (Standard Form 89) indicating that he did not
have any illness or injury other than those already noted and that he had
not consulted or been treated by clinics, physicians, healers or other
practitioners within the past five years.

12.  His DD Form 214 for the period ending 26 November 1969 is not
available.

13.  On 27 November 1969, the applicant was appointed as a Reserve
commissioned officer with a concurrent call to active duty.  He continued
to serve on active duty and was released from active duty on 4 December
1972.  He was subsequently transferred to the U.S. Army Reserve Control
Group (Standby).

14.  The applicant's DD Form 214 for the period ending 4 December 1972
shows he was awarded the National Defense Service Medal, the Republic of
Vietnam Campaign Medal, the Vietnam Service Medal, the Army Commendation
Medal, the Combat Infantryman Badge, the Bronze Star Medal, the Army
Aviator Badge, three Overseas Bars, the Good Conduct Medal, and the Expert
Marksmanship Qualification Badge with Rifle Bar.

15.  On 26 June 1996, the ABCMR notified the applicant that there was
insufficient evidence on which to award him the Purple Heart.  His case was
administratively closed and he was advised to submit statements from
eyewitnesses.  He was also advised that the submission of eyewitness
statements did not necessarily guarantee that the award of the Purple Heart
would be made.  The statements would be evaluated for content and relevancy
within the scope of the criteria established for the Purple Heart.

16.  The applicant provided an eyewitness statement dated 15 September 2004
from his former platoon leader of the Reconnaissance Platoon, 2nd
Battalion, 14th Infantry, 25th Infantry Division during mid 1966 through
early 1967.  The former platoon leader stated that they were based out of
Cu Chi, Republic of Vietnam when the applicant was wounded as a result of
hostile action.  He described the incident where a lead scout vehicle
encountered a mine resulting in the destruction of the vehicle and the
wounding of all three scouts.  A brief fire fight ensued in which the
applicant was wounded.  The former platoon leader stated that it was
unclear if the applicant was wounded during the fire fight or from shrapnel
from the mine.  The applicant was his radio telephone operator and he could
attest to the fact that he was wounded that day.  The former platoon leader
stated that none of the Soldiers wounded that day received life threatening
wounds and all rejoined the platoon when released from the medical
facility.  He knew the applicant received the Purple Heart during a
battalion ceremony conducted by a lieutenant colonel.  He stated that the
applicant continued to serve after he was wounded and was one of his
outstanding Soldiers.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant’s
assignment to the 2nd Battalion, 14th Infantry, this unit was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Department of the Army General Orders Number 48, dated 1971.

18.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 2nd Battalion, 14th Infantry, this unit
was cited for award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation by Department of the Army General Orders Number
51, dated 1971.

19.  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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

20.  Army Regulation 600-8-22, in pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the
applicant.  His name is not listed on the Vietnam Casualty Roster.

2.  The eyewitness statement was carefully reviewed.  However, there are no
medical documents which verify that the applicant was wounded or injured as
a result of hostile action.  The applicant's December 1968 flight physical
apparently failed to note that he had been wounded in action.  Therefore,
there is insufficient evidence on which to base correction of his records
to show award of the Purple Heart.

3.  The applicant received credit for participation in three campaigns
during the Vietnam War.  Therefore, his DD Form 214 for the period ending 4
December 1972 should be administratively corrected to show three bronze
service stars for wear on his Vietnam Service Medal.

4.  The applicant was assigned to a unit during a period it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Vietnam Civil Actions Honor Medal First Class Unit Citation.
Therefore, these foreign unit awards should be added to his DD Form 214 for
the period ending 4 December 1972.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 December 1972.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 3 December 1975.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

6.  Evidence shows that the applicant’s records contain administrative
errors which do 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

JV______  RW______  RR______  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 errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show the Vietnam Service Medal with three bronze
service stars, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and the Vietnam Civil Actions Honor Medal First Class Unit
Citation.




                                  James Vick_____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000988                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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