RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050001108


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. 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, in effect, that he received wounds while serving
in Vietnam.  He further states that he was put in for the Purple Heart but
never received it.

3.  The applicant provides a Standard Form 600 (Chronological Record of
Medical Care), dated 19 September 1968 and a DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 October 1969.  The application submitted in this case is
dated 12 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 was inducted on 2 November 1967 and successfully
completed basic training and advanced individual training.  He was awarded
military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to B Company, 3rd
Battalion, 22nd Infantry on or about 1 May 1968.  He departed Vietnam on or
about 10 April 1969 after being credited with participating in four
campaigns.

5.  On 31 October 1969, the applicant was honorably released from active
duty and transferred to the United States Army Reserve after completing 1
year, 11 months, and 28 days of creditable active service.

6.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal with 2 bronze service stars, the
Vietnam Campaign Medal with Device (1960), the Bronze Star Medal, the
Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge
(M-14), the Expert Marksmanship Qualification Badge (M-60), and the
Marksman Marksmanship Qualification Badge (M-16).

7.  The applicant provided a Standard Form 600, dated 19 September 1968,
that shows he was treated at the 3rd Battalion, 22nd Infantry aid station
for a piece of shrapnel to his back.  His wound was treated and he was
returned to duty.

8.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.  There also is no
evidence in his service personnel records that shows that he was treated
for wounds as a result of hostile action in Vietnam.  The applicant's name
is not listed on the Vietnam Casualty Roster.

9.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show the applicant was wounded, and item 41 (Awards and
Decorations) does not show award of the Purple Heart.

10.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  His records do not contain any adverse
information and his DA Form 20 (Enlisted Qualification Record) shows his
conduct and efficiency ratings as "excellent" throughout his period of
service.

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 the 3rd Battalion, 22nd Infantry, it was cited
for award of the Valorous Unit Award for the period 27 August 1968 through
31 October 1968 based on Headquarters, Department of the Army General
Orders Number 42, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 3rd Battalion, 22nd Infantry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period August 1967 through August 1968 based on
Headquarters, Department of the Army General Orders Number 48, dated 1971.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 3rd Battalion, 22nd Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 1 August 1967 through 21 January 1970 based on
Headquarters, Department of the Army General Orders Number 51, dated 1971.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service.

15.  Army Regulation 600-8-22 (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.  This regulation also provides that there is no statute of
limitations on request for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  There is no evidence in the
available records and the applicant has not provided evidence that shows
his injury was a result of hostile action.  In the absence of military
records which show the applicant was injured as a result of hostile action,
there is an insufficient basis for award of the Purple Heart in this case.

2.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 2 November 1967
through 31 October 1969.

3.  The applicant was assigned to a unit during a period of time the unit
was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.  His participation in four campaigns
entitles him to four bronze service stars to be worn on his Vietnam Service
Medal.  Therefore, his DD Form 214 should be amended to add these awards.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 October 1969.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 October 1972.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JEV___  __ RJW _  _  RR ___  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:

      a.  by awarding the applicant the Army Good Conduct Medal
(1st Award) for the period 2 November 1967 through 31 October 1969; and

      b.  by amending his DD Form 214 to add the Army Good Conduct Medal
(1st Award), the Valorous Unit Award, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, and four bronze service stars to be worn
on his Vietnam Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                               ___ Mr. James E. Vick __
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050001108                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |18 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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