RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050001994


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |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 award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded in combat while
serving in Vietnam when he was leading his infantry platoon on 30 December
1969.  He also states that the wounds were relatively superficial, but he
was medically evacuated to the hospital and returned to duty the next day.
The applicant further states that, in the confusion, the Purple Heart was
not recorded and he had no time to take care of it.

3.  The applicant provides an undated letter from a former battalion staff
officer that served with him in Vietnam, with enclosures of a map of the
area of operations for base locations in Dinh Quan, Vietnam; a photograph
of Soldiers captioned "LZ Snuffy"; and a copy of the battalion staff
officer's DD Form 214 (Armed Forces of the United States Report of Transfer
or Discharge) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 March 1972, the date of his release from active duty.  The
application submitted in this case is dated 24 July 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 applicant's military service record shows that he was commissioned
in the U.S. Army on 8 June 1968 and entered active duty on 27 July 1968.
Upon completion of the Infantry Officer Basic Course, he attended the
Airborne and Pathfinder courses and was awarded military occupational
specialty (MOS) 71542 (Infantry Unit Commander, Parachutist).




4.  The applicant's military service record shows that he was assigned to
the
5th Infantry Battalion, 12th Infantry, 199th Infantry Brigade in Vietnam,
from
25 August 1969 through 9 August 1970.  He was honorably relieved from
active duty in the U.S. Army on 11 March 1972 after serving on active duty
for a total of 3 years, 7 months, and 14 days.

5.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the National
Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign
Medal, Bronze Star Medal with "V" Device and 3rd Oak Leaf Cluster; Air
Medal, Combat Infantryman Badge, Parachutist Badge, Pathfinder Badge, and
two (2) Overseas Service Bars.

6.  The applicant's DA Form 66 (Officer Qualification Record), Item 17
(Foreign Service), shows that he served in the Republic of Vietnam from 14
August 1969 through 13 August 1970.  Item 39 (Campaigns) of this document
shows that he participated in three campaigns:  Vietnam Summer-Fall 1969;
Vietnam Winter-Spring 1970, and an unnamed campaign.

7.  The applicant's records contain a copy of Headquarters, 199th Infantry
Brigade (Separate) (Light) (Vietnam), General Orders Number 870, dated
25 April 1970, which shows that he was awarded the Bronze Star Medal with
"V" Device (First Oak Leaf Cluster) for exceptional heroism in action on
6 December 1969.  This document provides a narrative account of the events
of the ground operations that the applicant was engaged in on 6 December
1969.

8.  The applicant's records contain a DA Form 67-7 (U.S. Army Officer
Efficiency Report) for the period 5 June 1969 to 14 January 1970, which
provides a description and comments on the applicant's duty performance
during this period.

9.  The applicant's records contain a SF 88 (Report of Medical
Examination), dated 19 January 1972, which documents the applicant's
medical examination at the time of his separation.  Item 73 (Notes)
contains the entry, "Medical records reviewed 19 Jan 72.  No significant
interval medical history except for frequent indigestion treated with
antacids.  UGI Series 12 Nov 70:  WNL.  Seasonal allergy to ragweed, EPTS."
 This document also contains the entry, "There has been no significant
change in my health since my last physical on
17 June 71" and shows the applicant affixed his signature to the document.


10.  There are no orders in the applicant’s service personnel record which
shows that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.  His DA Form 66 does not list the Purple Heart in Item 21
(Awards and Decorations).  The applicant's name is not listed on The
Adjutant General, Casualty Division's, Vietnam Casualty Roster.

11.  The applicant provides a letter from a former battalion staff officer
of his former unit, along with a map, photograph, and a copy of the former
battalion officer's DD Form 214 in support of his application.  In the
letter, the former battalion staff officer attests that the applicant was
wounded by the enemy while on a mission in Dinh Quan province (Vietnam).
He states that the applicant was wounded by shrapnel, was medically
evacuated to the hospital, and returned to duty the next day.  He also
states that, he cannot remember the date of the engagement, but believes
"it was the end of December 1969".

12.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

13.  The applicant's records contain a copy of Headquarters, VII Corps
(Germany), General Orders Number 26, dated 15 March 1972, which shows that
he was awarded the Army Commendation Medal for meritorious service, from
September 1970 to March 1972.

14.  The applicant's records contain a copy of Headquarters, United States
Army Flight Training Center, Fort Stewart, Georgia, Special Orders Number
282, dated
4 December 1968, which shows that he was awarded the Expert Marksmanship
Qualification Badge with Rifle Bar.

15.  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 5th Infantry Battalion, 12th Infantry
(Vietnam), the unit was cited for award of the Valorous Unit Award by
Headquarters, Department of the Army, General Orders Number 43, 1972.

16.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  The applicant participated in the following four
campaigns: Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, DA
Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.

17.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 5th Infantry Battalion, 12th Infantry
(Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation by Headquarters, Department of the Army, General
Orders Number 51, 1971.  This document also shows that, at the time of the
applicant's assignment, the unit was cited for award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation by
Headquarters, Department of the Army, General Orders Number 51, 1971.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.  There is no statute of limitations governing requests
for award of the Purple Heart.

19.  Army Regulation 600-8-22 provides that the Army Commendation Medal may
be awarded to any member of the Armed Forces of the United States who,
while serving in any capacity with the Army after 6 December 1941,
distinguished himself or herself by heroism, meritorious achievement or
meritorious service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.

20.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Valorous Unit Award to units of the Armed Forces of the United States for
extraordinary heroism in action against an armed enemy of the United States
while engaged in military operations involving conflict with an opposing
foreign force or while serving with friendly foreign forces engaged in an
armed conflict in which the United States is not a belligerent party for
actions occurring on or after 3 August 1963.  This award requires a lesser
degree of gallantry, determination, and esprit de corps than required for
the Presidential Unit Citation.  Nevertheless, the unit must have performed
with marked distinction under difficult and hazardous conditions in
accomplishing its mission so as to set it apart from and
above other units participating in the same conflict.  The degree of
heroism required is the same as that which would warrant award of the
Silver Star to an individual.

22.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.

23.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

24.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  The applicant contends that he was wounded in combat while serving in
Vietnam when he was leading his infantry platoon on 30 December 1969.  He
also contends that the wounds were relatively superficial, but he was
medically evacuated to the hospital, and returned to duty the next day.
The applicant further contends that, in the confusion, the Purple Heart was
not recorded and he had no time to take care of it.  However, the applicant
provides insufficient evidence in support of his claim.

3.  There is no evidence the applicant was awarded the Purple Heart.  There
is no evidence of record that shows the applicant was wounded as a result
of hostile action.  There is no medical evidence of record which shows that
the applicant was wounded or treated for wounds as a result of hostile
action.  Therefore, there is insufficient evidence upon which to base award
of the Purple Heart in this case.


4.  General Orders awarded the applicant the Army Commendation Medal.
Therefore, it would be appropriate to correct his records to show this
award.

5.  Special Orders awarded the applicant the Expert Badge with Rifle Bar.
Therefore, it would be appropriate to correct his records to show this
badge.

6.  General Orders awarded the applicant's unit the Valorous Unit Award.
Therefore, it would be appropriate to correct his records to show this unit
award.

7.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of
four bronze service stars to be affixed to his Vietnam Service Medal.

8.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

9.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 March 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
10 March 1975.  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.

11.  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

__JEV __  __CVM __  __LMB__  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:

      a.  Delete:  Vietnam Service Medal

      b.  Add:  Army Commendation Medal, Expert Marksmanship Qualification
Badge with Rifle Bar, Valorous Unit Award, Vietnam Service Medal with 4
bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.




                                  _____JAMES E. VICK_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001994                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19720311                                |
|DISCHARGE AUTHORITY     |AR 635-100                              |
|DISCHARGE REASON        |Relieved From Active Duty               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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