RECORD OF PROCEEDINGS


      IN THE CASE OF:

      BOARD DATE:       11 August 2005
      DOCKET NUMBER:  AR20050003291


      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. Stacy R. Abrams               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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.

2.  The applicant states, in effect, that he was wounded by shrapnel in
Vietnam in 1967 or 1968 and refused the presentation of the Purple Heart in
a morning formation.

3.  The applicant further states that he has scars and a picture taken
after the rocket attack to prove his entitlement to the Purple Heart.

4.  The applicant provides letter from a member of the United States
Congress dated 14 January 2005; copies of DA Form 1 (Morning Report), dated
9 August and 12 August 1968; a memorandum from the National Personnel
Records Center, dated 1 February 2005; and a self authored letter dated 21
March on his behalf.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 15 January 1975, the date of his separation from active duty.
The application submitted in this case is dated 3 March 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. 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 service personnel records show he was inducted in the
Army on 25 January 1967.  He successfully completed basic and advanced
individual training and was awarded the military occupational specialty 05B
(Radio Operator).

4.  The applicant's DD Form 214 does not show award of the Purple Heart in
item 24 (Decorations, Medals, Commendations, Citations and Campaign Ribbons
Award or Authorized).


5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in
item 31 (Foreign Service) that he serviced in Vietnam from 3 March 1968
through
17 January 1969.

6.  The applicant's DA Form 20 does not show any entry in item 40 (Wounds)
or list the Purple Heart in item 41 (Awards and Decorations).

7.  There are no General Orders in the available records which show that
the applicant was awarded the Purple Heart.  There also is no evidence in
the available records that shows he was wounded or treated for wounds as a
result of hostile action.

8.  The applicant's name is not listed on the Vietnam Casualty Roster.

9.  A DA Form 1 (Morning Report), dated 9 August 1968, shows that the
applicant was in the duty status of "hospital".

10.  An additional DA Form 1, dated 12 August 1968, shows that the
applicant was in the duty status of "present for duty".

11.  The applicant’s DD Form 214 shows that he was awarded the National
Defense Service Medal, the Vietnam Service Medal and the Republic of
Vietnam Campaign Medal.  Review of the applicant's records reveals that he
may be entitled to additional awards which are not shown on his DD Form
214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) list the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to C Company, 1st Engineer Battalion, 1st Infantry
Division, the unit was cited for award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation by Headquarters Department of
the Army General Orders Number 57, dated 1970.

13.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to C Company, 1st Engineer Battalion, 1st
Infantry Division, the unit was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation by Headquarters Department of the
Army General Orders 21 dated 1969.

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to C Company, 1st Engineer Battalion, 1st
Infantry Division, the unit was cited for award of the Meritorious Unit
Commendation by Headquarters Department of the Army General Orders 50,
dated 1971.

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in four campaigns during his service in Vietnam;
however, his records do not show award of bronze service stars to recognize
campaign participation.  Appendix B of Army Regulation 600-8-22 shows that
the applicant participated in the TET Counteroffensive, the Vietnam
Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, and the
Vietnam Counteroffensive Phase VI.

16.  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.  There is no statute of limitations governing requests for
award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record provides no confirmation that the applicant was
ever wounded in action.  Further, item 40 of his DA Form 20 is blank and
his name is not included on the Vietnam Casualty Roster.

3.  Morning reports submitted by the applicant indicate the he was
hospitalized for 3 days.  However, there are no records indicating why he
was hospitalized.

4.  There is no evidence the applicant was awarded the Purple Heart.  The
is no medical evidence of records which shows that the applicant was
wounded or treated for wounds as a result of hostile action.  As a result,
there is insufficient evidence upon which to base award of the Purple Heart
in this case.

5.  General Orders awarded the applicant the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Meritorious Unit
Commendation.  Therefore, it would be appropriate to correct his records to
show these unit awards.

6.  The evidence of record further shows that based on his Vietnam campaign
participation, the applicant is entitled to four bronze service stars to be
affixed to his already awarded Vietnam Service Medal.  Therefore, it would
be appropriate to add these bronze service stars to his record at this
time.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 January 1975, the date of his
discharge; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 14 January 1978.  Although
the applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on the fact there is no
statue of limitations on request for award of the Purple Heart.

8.  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

_MJS_____  __DJ___  _MF____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that it was appropriate to waive the ABCMR's three
year statute of limitations in the case.

2.  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 to show award of
the Purple Heart.

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 to show entitlement to the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Meritorious Unit Commendation and four
bronze service stars for wear on his already awarded Vietnam Service Medal




                                         __John Slone_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003291                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050811                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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