RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050002535


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy       |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 that he be awarded the Purple Heart.

2.  The applicant states he was wounded in combat.  He has a shrapnel wound
in his stomach.  He was helicoptered out to a hospital, then to a hospital
in Camp Zama, Japan, and then back to the States.  He has read a report
that someone in his own company shot him.  One report even said he dropped
his weapon.  He carried a rifle and it was shrapnel that wounded him, so it
could not have been his own weapon that caused his injury.

3.  The applicant provides his 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 or injustice
which occurred on 7 February 1968.  The application submitted in this case
is dated     7 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 was inducted into the Army on 24 March 1966.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11C (Infantry Indirect Fire
Crewman).

4.  The applicant arrived in Vietnam on or about 22 June 1967 and was
assigned to Company A, 2d Battalion, 1st Infantry, 196th Infantry Brigade.
His DA Form 20 (Enlisted Qualification Record) shows he was assigned in a
patient status to the Medical Hold Detachment, U. S. Army Hospital, Camp
Zama, Japan on       27 January 1968.  He had been credited with
participating in one campaign.

5.  The applicant was honorably released from active duty on 7 February
1968.  His DD Form 214 shows he was awarded the National Defense Service
Medal, the Vietnam Campaign Medal, the Expert Qualification Marksmanship
Badge (Rifle M-14), the Vietnam Service Medal, and the Combat Infantryman
Badge.
6.  The applicant's name is not on the Vietnam Casualty Roster.  Item
         40 (Wounds) of his DA Form 20 does not show he was wounded.  His
service medical records are not available.

7.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is
awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify the wound was the result
of hostile action, the wound must have required treatment by a medical
officer, and the medical treatment must have been made a matter of official
record.

8.  Army Regulation 600-8-22 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, including the Vietnam Service Medal.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record verifies the applicant was transferred in a
patient status from Vietnam to Camp Zama, Japan.  However, his service
medical records are not available.  Item 40 on his DA Form 20 does not show
he was wounded, and he is not listed on the Vietnam Casualty Roster.  There
is insufficient evidence to show he was wounded as a result of hostile
action; therefore, award of the Purple Heart would not be appropriate.

2.  The applicant participated in one campaign while in Vietnam; therefore,
he is eligible to wear one bronze service star on his already awarded
Vietnam Service Medal.

3.  All units in Vietnam were awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation; accordingly, this unit award should also be
added to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 February 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on           6 February 1971.  Although the applicant did
not file within the 3-year statute of limitations, it is appropriate to
waive failure to timely file based on the fact there is of statute of
limitations on requests for award of the Purple Heart.

5.  Evidence shows 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

__jea___  __teo___  __cak___  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
the CMSD-St. Louis administratively correct the records of the individual
concerned by adding the Republic of Vietnam Gallantry Cross with Palm Unit
Citation to his DD Form 214 and by showing he is authorized to wear one
bronze service star on the Vietnam Service Medal.




                                  __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002535                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.07                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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