RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          22 November 2005
      DOCKET NUMBER:  AR20050002562


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 that he received shrapnel wounds to his left thigh
during his second tour in Vietnam and a report was completed by the medic
who treated him in the field; however, he never received his award of the
Purple Heart.  He continues by stating that he served as an advisor with
the Mobile Advisory Team (MAT) #47 and was wounded in August 1970.

3.  The applicant provides a self-authored letter explaining the
circumstances surrounding his being wounded and his departure from Vietnam.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 March 1979.  The application submitted in this case is dated
19 January 2005 and was received on 16 February 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 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.  He enlisted in the United States Army Reserve (USAR) on 29 March 1957
and continued to serve in the USAR until 19 August 1958 when he enlisted in
the Regular Army.  He served as a light weapons infantryman and served in
Vietnam from April 1966 to July 1966.  He was returned from Vietnam and was
honorably discharged in the rank of staff sergeant on 15 July 1966, when he
was discharged as an early overseas returnee.  He had served 5 years, 11
months and 15 days of active service and was awarded the National Defense
Service Medal, the Vietnam Service Medal (VSM), the Combat Infantryman
Badge (CIB) and the Good Conduct Medal.

4.  He again enlisted in the Regular Army on 2 February 1967 and remained
on active duty through continuous reenlistments.  He was transferred to
Vietnam on 14 October 1969 and was assigned as a heavy weapons advisor with
the United States Army Military Advisory Command – Vietnam (USAMACV).  He
departed Vietnam on 8 October 1970, for duty at Fort Dix, New Jersey, as a
drill sergeant.

5.  He was reclassified to the military occupational specialty (MOS) of a
counterintelligence agent on 8 November 1972 and was promoted to the pay
grade of E-7 on 1 March 1973.

6.  He continued to serve until he was honorably released from active duty
(REFRAD) on 31 March 1979 and was transferred to the Retired List effective
1 April 1979, due to having sufficient service for retirement.  He had
served 20 years and 26 days of active service and was awarded the Bronze
Star Medal, the National Defense Service Medal, the Good Conduct Medal (6th
award), the CIB, the Drill Sergeant Identification Badge, the VSM, the
Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal – First Class Unit Citation.

7.  A review of the applicant’s records as well as the Vietnam Casualty
Listing fails to show any indication that he was wounded in Vietnam or that
he was treated for any wounds in Vietnam.

8.  Army Regulation 600-8-22 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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Meritorious Unit Commendation (MUC) for the period he
served with the unit.  Additionally, he participated in six campaigns
during his assignments to Vietnam and therefore is entitled to be awarded
one silver and one bronze service star for wear on his already awarded VSM.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was wounded in Vietnam as a result
of enemy action and that he was treated for that wound has been noted.
However, he has failed to show through the evidence submitted with his
application or the evidence of record sufficient evidence to support that
contention.  Accordingly, there appears to be no basis to award him the
Purple Heart at this time.

2.  However, the evidence of record does establish that he is entitled to
be awarded the MUC and one silver and one bronze service star for wear on
his already awarded VSM to denote his campaign participation.

3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1979; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 March 1982.  However, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__tap___  __ena___  __jrs___  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 by awarding him the MUC and one silver and one bronze service
star for wear on his already awarded VSM.

                                  Thomas A. Pagan
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002562                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051122                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY w/note)                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/ph                                   |
|1.107.0015              |                                        |
|2.107.0034              |80/muc                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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