RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          27 October 2005
      DOCKET NUMBER:  AR20050002900


      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. Richard P. Nelson             |     |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.  In addition, the
applicant makes the following comment in Item 5 of his DD Form 149: “Date
of promotion to CW2 in Vietnam, 1969.”  This is interpreted to be a request
to correct his date of rank to pay grade W-2 on his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that the compression of an “incoming round” split
his bottom teeth in half and that “if such an injury qualifies for the
Purple Heart, it would be nice to receive it.”

3.  Other than the application itself, the applicant does not provide any
documentation, or other form of evidence, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 2 September 1969.  The application submitted in this case is
dated 3 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 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’s records show he was called to active duty from the
Kansas Army National Guard on 13 May 1968.  He deployed to Vietnam on
6 April 1969, where he served as a Maintenance Officer with D Troop, 1st
Squadron, 4th Cavalry from 9 April to 1 September 1969.  The applicant
returned to the United States and was released from active duty in pay
grade W-2 on 2 September 1969.

4.  Item 6 (Date of Rank) of the applicant’s DD Form 214 shows his date of
rank in pay grade W-2 as 1 February 1969.

5.  Headquarters, 1st Infantry Division Special Orders Number 133, dated
13 May 1969, announced promotion of the applicant to pay grade W-2, with a
date of rank of 13 May 1969.
6.  A message from the Chief, Promotions Branch, Office of The Adjutant
General, date-time-group 161400R June1969, adjusted the applicant’s date of
rank to pay grade W-2 as 1 February 1969.

7.  There are no orders or certificates in the applicant’s records, and the
applicant has not provided any orders or certificates, that show he was
awarded the Purple Heart.  The applicant’s name is not listed on the
Vietnam Casualty Roster.  There are no entries in his personnel or medical
records that show he was wounded, or treated for wounds, as a result of
hostile action.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

9.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual was assigned.  Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam would be awarded the Purple
Heart directly by the hospital commander rendering treatment.

10.  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 the unit, to which the applicant
was assigned, was cited for award of the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation for the period October 1965 to April
1970 by Department of the Army General Orders Number 53, dated 1970.

11.  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.  The appendix shows
the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Tet 69 Counteroffensive; and, Vietnam Summer-
Fall 1969.
DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant’s date of rank to pay grade W-2
was reviewed by Department of the Army Promotions Branch and corrected to
1 February 1969.  Since this is the same date shown in Item 6 of his DD
Form 214, there is nothing to correct on the form and this matter will not
be addressed further in this record of proceedings.

2.  There is no evidence that the applicant was awarded the Purple Heart.
There is no evidence in the applicant’s service personnel records that
shows he was wounded, or treated for wounds or injuries, as a result of
hostile action.  Therefore he is not entitled to award of the Purple Heart
or to correction of his records to show this decoration.

3.  General Orders show the applicant is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this foreign unit award.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 September 1969.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 1 September 1972.  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.

5.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 2 of the
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 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 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 award of:

      a. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation; and,

      b. two bronze service stars, to be affixed to the Vietnam Service
Medal.




            _________Melvin H. Meyer___________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002900                           |
|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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