RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050003153


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 records to show award of the
Purple Heart.

2.  The applicant states, in effect, that he was wounded on 30 October 1968
by hostile fire and never received the Purple Heart.

3. The applicant provides copies of a self-authored statement, dated 1
November 2004; a witness statement from a former fellow Soldier, dated 31
(sic) November 2003; and a witness statement from a former fellow Soldier,
dated 18 March 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 February 1969.  The application submitted in this case is
dated 2 November 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 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 in the Army on 16 June 1967 and successfully
completed basic training and advanced individual training.  He was awarded
military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to B Company, 1st
Battalion, 26th Infantry on or about 15 June 1968.  He departed Vietnam on
or about 8 November 1968 after being credited with participating in three
campaigns.

5.  Headquarters, U.S. Army Vietnam Special Orders Number 323, dated
  18 November 1968, show that the applicant was reassigned to Medical
Holding Company, 106th General Hospital on 8 November 1968.


6.  A DA Form 8-274 (Medical Condition - Physical Profile Record), dated
7 January 1969, shows the applicant was issued a temporary profile.
Section
B - Physical Profile item 6 shows the entry "Hepatitis, mononucleosis,
severe malaria.  Still has enlarged liver and spleen."

7.  On 17 February 1969, the applicant was honorably released from active
duty and transferred to the United States Army Reserve Control Group.

8.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) with the ending period 17 February 1969 shows he
was awarded the National Defense Service Medal, the Vietnam Service Medal,
the Vietnam Campaign Medal, and the Combat Infantryman Badge.

9.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.  There also is no
evidence in his service personnel records that shows that he was wounded or
treated for wounds as a result of hostile action in Vietnam.  The
applicant's name is not listed on the Vietnam Casualty Roster.

10.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show the applicant was wounded, and item 41 (Awards and
Decorations) does not show award of the Purple Heart.

11.  Item 39 (Identifying body marks, scars, tattoos) of the applicant's
Standard Form 88 (Report of Medical Examination) dated 13 February 1969
indicates no abnormalities.

12.  An undated Standard Form 89 (Report of Medical History) shows that the
applicant was being separated and that he stated his health was "Good."
Item 32 (Have you ever had any illness or injury other than those already
noted?) shows that he indicated "no" (other than his hospitalization at the
106th General Hospital).

13.  The applicant submitted a self-authored statement dated 1 November
2004. The applicant stated, in effect, that on 30 October 1968 his unit
came under attack and that he received wounds from enemy shrapnel.  He
continued that he was treated for his wounds by the unit medic and returned
to duty because of a shortage of personnel.

14.  The applicant further stated that he had been weak for several days
and was sent to a hospital in Japan.  He was diagnosed and treated for
hepatitis, malaria, mononucleosis, and hookworms.  He continued that when
he had his physical, upon his discharge, it was noted that he had shrapnel
wounds on his right side.  He concluded that he stayed in the hospital in
Japan until his discharge.

15.  The applicant submitted a witness statement, dated 31 (sic) November
2003, from a former fellow Soldier assigned to his unit in Vietnam.  The
author stated, in effect, that he was not present the night that the
applicant was wounded.  He continued that he was also a patient at the same
hospital in Japan as the applicant.  The author stated that the applicant
told him about the incident and showed him his shrapnel wounds on his right
shoulder and right side.

16.  The applicant submitted a witness statement, dated 18 March 2004, from
a former fellow Soldier assigned to his unit in Vietnam.  The author
stated, in effect, that the applicant and a medic were hit by enemy
shrapnel.  He continued that the applicant's wounds were not that severe
and that the applicant was treated for his wounds and returned to duty.

17.  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 1st Battalion, 26th Infantry it was awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the
period 12 June 1965 through 16 October 1968 by Department of the Army
General Orders Number 21, dated 1969.

18.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion, 26th Infantry it was awarded
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
for the period October 1965 through 7 April 1970 by Department of the Army
General Orders Number 53, dated 1970.

19.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for 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.

20.  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 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 request
for award of the Purple Heart.



DISCUSSION AND CONCLUSIONS:

1.  Evidence of records shows the applicant was reassigned from Vietnam to
the Medical Holding Company, 106th General Hospital and that he was
diagnosed and treated for hepatitis, mononucleosis, and severe malaria.  He
did not mention being treated for wounds on his separation physical nor is
there an entry that he was treated for shrapnel wounds.

2.  One of the two witness statements submitted by the applicant from
former fellow Soldiers confirm being with the applicant on the day he was
wounded by shrapnel.  However, there are no orders in the applicant's
service personnel records that show he was awarded the Purple Heart.  His
separation physical does not indicate wounds, or that he was treated for
wounds as a result of hostile action.

3.  Lacking any corroborating evidence of record showing the applicant was
treated for a wound/injury that was the direct result of or caused by enemy
action, the regulatory burden of proof necessary to support award of the
Purple Heart has not been satisfied in this case.

4.  The applicant was assigned to a unit during a period of time the unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  His DD Form 214 should be amended to add these awards.

5.  The applicant’s participation in three campaigns entitles him to three
bronze service stars to be worn on his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 February 1969.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 16 February 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.

7.  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

__JS____  __ LDS  _  __ KWL _  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 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 award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, and three bronze service stars to be worn
on his Vietnam Service Medal.




                                  ____ John Slone ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003153                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |18 October 2005                         |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0094.0000                           |
|3.                      |107.0095.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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