RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050001963


      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 A. Harper            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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 received a wound of the right calf muscle
as the result of a punji stake.  He continues that being a well-trained
medic, he treated the wound himself and was later medically evacuated to
the 18th Surgical Hospital.  He claims the wound was noted on
administrative records.

3.  The applicant further states that he did not know that he could be
awarded the Purple Heart for a punji stake wound.  He continues that he did
not bring it to anyone’s attention, but is sure the admitting doctor at the
18th Surgical Hospital noted the wound.

4.  The applicant noted that he has been unable to locate his medical
records and explains that he was evacuated from the 18th Surgical Hospital
to Clark Air Force Base in the Philippines and returned to duty 10 days
later.

5.  The applicant provides a page from his DA Form 20 (Enlisted
Qualification Record) and a Standard Form 180 (Request Pertaining to
Military Records, dated 7 January 2005 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 June 1969.  The application submitted in this case is dated
2 February 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’s record shows he enlisted into the Army and entered
active duty on 6 July 1954.  He was trained in, awarded and served in
military occupational specialty (MOS) 91C2P (Clinical Specialist).  He
retired from active duty on 30 September 1974.
4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 29 September 1966 to 27 March
1968 as a medical platoon sergeant with the 2nd Battalion, 27th Infantry,
101st Airborne
Division.  He also served in RVN from 23 August 1970 to 27 February 1971
and served as a Clinical Specialist with Company B, 173rd Airborne Brigade.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 contains the entry under
Brief Description “punji stake rt [right] leg, and under Date “6612
[December 1966].”

6.  Item 41 (Awards and Decorations) lists the following awards he earned
during his active duty tenure:  the National Defense Service Medal (NDSM)
(1st Oak Leaf Cluster); Vietnam Service Medal (VSM); Combat Medical Badge
(CMB); RVN Campaign Medal with 1960 Device; Parachute Badge; Meritorious
Unit Commendation; Army Commendation Medal (ARCOM) Army; Good Conduct Medal
(AGCM) (1st thru 5th Award); 4 Overseas Service Bars; RVN Civil Actions
Honor Medal First Class; and the RVN Gallantry Cross with Palm Unit
Citation.

7.  The applicant’s military personnel file contain three DD Forms 214
which include his military service for the periods 6 July 1954 to 8 July
1957, 22 June 1963 to 21 June 1969, and 22 June 1969 to 30 September 1974.
The Purple Heart is not listed as an authorized award of any of these
documents.

8.  The applicant’s military personnel file does not contain any medical
treatment documents and the applicant’s medical records were not available
for review.
There are no General Orders which show the applicant was treated for wounds
sustained as a result of hostile action.

9.  On 30 September 1974, the applicant retired after completing 20 years
and
19 days of active military service.  The last DD Form 214 he was issued
shows, in Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized), that he received the following
awards:  AGCM (1st thru 5th Award), RVN Civil Actions Honor Medal First
Class, RVN Gallantry Cross with Palm Unit Citation, NDSM (1st Oak Leaf
Cluster), ARCOM, VSN, RVN Campaign Medal with 1960 Device, CMB, Parachute
Badge and the Meritorious Unit Citation.  The Purple Heart is not included
in the list of awards and the applicant authenticated this document with
his signature in Item 29 (Signature of Person Being Transferred or
Discharged).

10.  The applicant provided a copy of a Standard Form 180 (Request
Pertaining to Military Records), dated 7 July 2005.  The applicant stated
on this form that he was requesting information verifying treatment of a
punji stake wound.  He further stated that he treated himself until
admitted to the hospital for other reasons and he did not know he was
entitled to a Purple Heart.

11.  The applicant provided a copy of a page from his DA Form 20.  Item 41
(Wounds) of his copy contains the entry “punji stake rt [right] leg.
However, the date Dec 1966 is marked through and the entry “Dec 67” is
inserted.

12.  In connection with the processing of this case, the Department of the
Army Vietnam Casualty List was reviewed.  The applicant’s name is not
listed as an RVN casualty on this roster.

13.  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.

14.  Paragraph 2-13 of the awards regulation contains guidance on award of
the Vietnam Service Medal and it states, in pertinent part, that a bronze
service star is authorized with this award for each campaign a member is
credited with participating in while serving in the RVN.  Table B-1
contains a list of campaigns and it shows that during the applicant’s
tenure of assignments in the RVN, he was credited with participating in the
Vietnam Counteroffensive Phase II, the Vietnam Counteroffensive Phase III,
Tet Counteroffensive, and the Vietnam Counteroffensive Phase VII.

15.  The applicant’s DA Form 20 shows that he was credited with
participating in the Counteroffensive Phase IV (2 April 1968 through 30
June 1968).  However, his DA Form 20 shows that he actually departed the
RVN on 27 March 1968 in route to the United States.

DISCUSSION AND CONCLUSIONS:

1. The applicant’s claim of entitlement to the Purple Heart and the
supporting documents he provided were carefully considered.  However, by
regulation, in order to award the Purple Heart it is necessary to establish
that a Soldier was wounded as a result of enemy action, that the wound
required treatment by a medical officer, and that the record of medical
treatment was made a matter of official record.

2.  The applicant’s DA Form 20 shows he was injured by a punji stake while
serving in Vietnam.  However, there are no medical records to confirm that
this injury was the result of hostile action.  Although, the applicant was
a medic while in the RVN and he claims that he treated himself until he was
hospitalized for other reasons, there is no evidence to support his claim.


3.  The applicant’s DD Forms 214 does not include the Purple Heart in the
list of authorized awards and he authenticated these documents with his
signature, thereby verifying that the information it contained, to include
the list of authorized awards, was correct at the time the separation
document was prepared and issued.  Additionally, the applicant’s name is
not listed on the Vietnam Casualty Roster.

4.  The veracity of the applicant’s claim that he was injured as a result
of hostile action in Vietnam is not in question.  However, absent any
medical evidence to corroborate that the wound or injury was the result of
enemy action, the regulatory burden of proof necessary to support award of
the Purple Heart has not been satisfied in this case.  Therefore, there is
insufficient basis to award the Purple Heart.

5.  The evidence does show that based on his RVN service and campaign
participation, the applicant is entitled to four bronze service stars to be
worn on his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 September 1974; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
29 September 1977.  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.

7.  Evidence of record shows that the applicant’s record contains
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 outline by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RTD __  __JBG __  __SWF__  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it is in the interest of justice to excuse
failure to timely fine.

2.  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.

3.  The Board determined that administrative errors in the record 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 four bronze service stars to be worn on his Vietnam Service
Medal.





                                   ____Richard T. Dunbar____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001963                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |( DENY-w/note)                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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