RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 October 2005
      DOCKET NUMBER:  AR20050002380


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 for combat wounds
received while in Vietnam.

2.  The applicant states, in effect, that he was wounded on 6 September
1967, while on Black Virgin mountain.

3.  The applicant provides a statement from a former Soldier who states
that he was with the applicant when he was wounded.  The former Soldier
states that the applicant was hit by a tracer bullet fragment from the
enemy.  The former Soldier further states that when the applicant was told
to go back and get treated for his wound, he refused to leave the others in
the field because they had already suffered seven casualties.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 May 1968, the date of his release from active duty.  The application
submitted in this case is dated 31 January 2005, and was received on 15
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 military records show that he was inducted on 10 May
1966, for a period of two years.

4.  The applicant arrived in Vietnam on 9 November 1966.  The applicant
was further assigned to C Company, 54th Infantry during the period from
28 November 1966 to 9 April 1967 and to A Company, 2nd Battalion, 22nd
Infantry during the period from 10 April 1967 to 6 November 1967.

5.  On 9 May 1968, the applicant was released from active duty due to
expiration of term of service.  He had completed 2 years of active service
that was characterized as honorable.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) with an
effective date of 9 May 1968, which he authenticated in his own hand, does
not show the award of the Purple Heart.

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not contain any entries indicating that the applicant received
any wounds.

8.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not
show the award of the Purple Heart.

9.  There are no orders in the applicant's military service records
awarding him the Purple Heart.

10.  A review of the applicant's records shows that he is entitled to
additional awards, which he did not request and are not listed on his DD
Form 214.

11.  Based on the applicant's dates of service in Vietnam, Table B-1 of
Army Regulation 600-8-22 shows he served in the Vietnam Counteroffensive,
Phase II Campaign (1 July 1966 - 31 May 1967) and the Vietnam
Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968).

12.  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 2nd Battalion, 22nd Infantry, the unit
received the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period October 1966 to
1 August 1967, based on Department of the Army General Order Number 48,
dated 1971.

13.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 2nd Battalion, 22nd Infantry, the unit
received the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation
for the period 1 August 1967 to 21 January 1970, based on Department of the
Army General Order Number 51, dated 1971.

14.  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.

15.  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.  A silver star is worn instead of five
bronze service stars.  The regulations state that authorized bronze service
stars will be worn on the appropriate campaign and service medal, which in
this case is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

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

2.  There is no evidence of record available to the ABCMR, which shows that
the applicant was wounded or treated for wounds due to hostile action;
therefore, he is not entitled to award of the Purple Heart.  The ABCMR
notes the statement from a former fellow Soldier in support of the
applicant's claim for award of the Purple Heart.  However, absent any other
corroborating evidence of record and the applicant's own signature
authenticating that he received no wounds in action, this statement alone,
38 years after the fact, is not sufficient as the basis for award of the
Purple Heart.

3.  The applicant's military personnel records show he participated in two
campaigns during his service in Vietnam.  Therefore, he is entitled to two
bronze service stars to be worn on his Vietnam Service Medal.

4.  The applicant was serving with 2nd Battalion, 22nd Infantry during the
period the unit was cited for awards of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.  Therefore the applicant is entitled
to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 May 1968, the date of his release
from active duty.  Therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 8 May 1971.  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
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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___alr___  ___mhm_  ____lds__  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 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.  award of two bronze service stars to be worn on his Vietnam
Service Medal; and


      b.  award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation; and

      c.  award of the  Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation.





                            _________Melvin H. Meyer_____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002380                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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