RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          8 September 2005
      DOCKET NUMBER:  AR20050002248


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Larry Olson                   |     |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 military records to show award
of the Purple Heart.

2.  The applicant states, in effect, he was wounded on 28 January 1972
while serving with the 482nd Military Police Platoon, 1st Cavalry Division
in Vietnam.

3.  The applicant provides a letter, dated 17 April 1972, to the Awards and
Decorations Branch.  His application indicates that he provided
documentation pertaining to the Bronze Star Medal and the Silver Star;
however, this documentation was not available.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 April 1972.  The application submitted in this case is dated
4 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 limitation 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 Army National Guard on 19 January 1965.
He was ordered to active duty on 25 July 1966 and was released from active
duty on 27 November 1966.  He was ordered to active duty again on 1 October
1970.  He served as a military policeman assigned to the 482nd Military
Police Platoon, 1st Cavalry Division in Vietnam from 19 July 1971 through
28 March 1972.  On
14 April 1972, the applicant was released from active duty and returned to
State control as a member of the Army National Guard to complete his
remaining service obligation.  On 15 April 1972, he was honorably
discharged from the Army National Guard.

4.  The applicant’s DD Form 214 for the period ending 14 April 1972 shows
the National Defense Service Medal, the Vietnam Service Medal with one
bronze service star, the Vietnam Campaign Medal, the Army Commendation
Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar as
authorized awards.

5.  There are no orders for the Purple Heart in the available records.
6.  The applicant's name does not appear on the Vietnam Casualty Roster.

7.  In support of his claim, the applicant provided a letter, dated 17
April 1972, from the Assistant Adjutant General to the Awards and
Decorations Branch requesting verification of wounds he received in Vietnam
and the issuance of the Purple Heart.  This letter states that the
applicant’s health records indicate he was wounded on 28 January 1972 while
serving with the 482nd Military Police Platoon, 1st Cavalry Division in
Vietnam.  A response to this request is not contained in the available
records.

8.  There are no service medical records available.

9.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

10.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

11.  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.

12.  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.  In the absence of orders or other evidence of record showing that the
applicant was injured or treated for wounds as a result of hostile action
in Vietnam, the 17 April 1972 letter provided by the applicant is not
sufficient as a basis for an award of the Purple Heart.  Regrettably, there
is insufficient evidence on which to base award of the Purple Heart in this
case.

2.  The applicant’s DD Form 214 for the period ending 14 April 1972 shows
the Vietnam Service Medal with one bronze service star.  However, records
show the applicant participated in two campaigns during his assignment in
Vietnam which entitles him to the Vietnam Service Medal with two bronze
service stars.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 14 April 1972; therefore, the time for the applicant
to file a request for correction of any error expired on 13 April 1975.
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.

5.  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

JM_____  WP______  LO_____  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.  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 that he was awarded the Vietnam Service Medal with two bronze
service stars and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.



            __John Meixell________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002248                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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