RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050003754


      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          |
|     |Mr. Leonard G. Hassell            |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) with the period ending
14 April 1971 to show award of the Purple Heart, the Army Commendation
Medal (4th Award), and the Army Good Conduct Medal.

2.  The applicant states, in effect, that he was wounded on the same day
that two of his former fellow Soldiers were wounded and he did not receive
a Purple Heart.  He continues that he did not receive his award of the Good
Conduct Medal.

3.  The applicant further states that his commanding officer told him that
he was put in for four Army Commendation Medals and is there anything in
his records to verify his claim.  He concludes by asking for an explanation
of 4 days excess leave from 2 through 5 November 1970 in item 30 of his DD
Form 214.

4.  The applicant provides Headquarters, Americal Division Special Orders
Number 261, dated 18 September 1970 and a DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
14 April 1971.  The application submitted in this case is dated 4 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 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 requested correction of his records to show award of the
Army Commendation Medal (2nd, 3rd, and 4th Awards).  There are no orders or
other evidence authorizing awards of these decorations to the applicant.
In the absence of a proper award authority for these decorations, the
applicant may request award of the Army Commendation Medal (2nd, 3rd, and
4th Awards) under the provisions of Section 1130, Title 10, United States
Code.  He has been notified by separate correspondence of the procedures
for applying for the decorations under section 1130 and, as a result, it
will not be discussed further in this record of Proceedings.
4.  The applicant was inducted in the Army on 15 April 1969 and
successfully completed basic training and advanced individual training.
The applicant arrived in Vietnam and was assigned to B Company, 4th
Battalion, 21st Infantry on
12 October 1969.  He departed Vietnam on 10 October 1970 after being
credited with participating in four campaigns.

5.  The applicant was honorably released from active duty on 14 April 1971
in the grade of Specialist Four (SP4)/E-4 and transferred to the U.S. Army
Reserve after completing 2 years of active creditable service with no time
lost.

6.  A DD Form 214 with the ending period 14 April 1971 shows the applicant
was awarded the National Defense Service Medal, the Bronze Service Star
[Bronze Star Medal], the Vietnam Service Medal with two bronze service
stars, the Republic of Vietnam Campaign Medal with Device (1960), the
Combat Infantryman Badge, and the Army Commendation Medal.  Item 20
(Remarks) shows 4 days excess leave from 2 through 5 November 1970.

7.  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.

8.  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.

9.  The applicant's Army Medical Treatment Records are unavailable.

10.  Headquarters, Americal Division General Orders Number 11975, dated
6 September 1970, show that the applicant was awarded the Bronze Star Medal
for meritorious service during the period October 1969 through October
1970.

11.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  His records do not contain any adverse
information and his DA Form 20 (Enlisted Qualification Record) shows his
conduct and efficiency ratings as "excellent" throughout his period of
service.

12.  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 4th Battalion, 21st Infantry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 24 August 1969 through
31 December 1969 based on Headquarters, Department of the Army General
Orders Number 42, dated 1972.

13.  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.  This regulation also provides that there is no statute of
limitations on a request for award of the Purple Heart.

14.  Army Regulation 600-8-22 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.

15.  Army Regulation 630-5 (Leaves and Passes), in pertinent part, at that
time states excess leave may be granted in emergencies (chapter 6 -
hardship) or unusual circumstances.  The regulation also states, in
pertinent part, that excess leave will be granted only upon request of the
member and that these requests must contain a statement which ensures that
members are aware that periods of excess leave are without pay and
allowances.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was wounded the same day that two of his
former fellow Soldiers were wounded.  There are no orders in the
applicant's service personnel records that show he was awarded the Purple
Heart.  There is no evidence in the available records and the applicant has
not provided evidence, such as eyewitness accounts from his chain of
command at the time or medical personnel who treated his wounds that shows
he was wounded or treated for wounds as a result of hostile action.

2.  In the absence of military records which show the applicant was wounded
or treated for wounds as a result of hostile action, there is an
insufficient basis for award of the Purple Heart in this case.

3.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 15 April 1969
through
14 April 1971.



4.  An error was made during the preparation of the applicant’s DD Form 214
with the ending period 14 April 1971, which resulted in the incorrect name
of an award.  The DD 214 erroneously shows his Bronze Star Medal as Bronze
Service Star in item 24.  Headquarters, Americal Division General Orders
Number 11975, dated 6 September 1970, confirm that he was awarded the
Bronze Star Medal and his record should be corrected to reflect the Bronze
Star Medal.

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

6.  In response to applicant's request for an explanation of his excess
leave which is shown in item 30 on his DD Form 214, his personnel service
records fail to provide the specific reason for the excess leave period
from 2 November 1970 through 5 November 1970.  Army Regulation 630-5
states, excess leave may be granted in emergencies or unusual
circumstances. The regulation also states that excess leave will be granted
only upon request of the member.  Therefore, in the absence of evidence to
the contrary, it must be presumed that the applicant requested a four-day
period of excess leave.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 April 1971.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
13 April 1974.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JS  ___  __ LGH  _  __ MJF _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:
      a.  by deleting the Bronze Service Star from the applicant's DD Form
214;

      b.  by awarding the applicant the Army Good Conduct Medal (1st Award)
for the period 15 April 1969 through 14 April 1971; and

      c.  by amending his DD Form 214 to add the Army Good Conduct Medal
(1st Award), the Bronze Star Medal, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and four bronze service stars to be worn on his
Vietnam Service Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                                  _____Mr. John Slone____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003754                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |14 December 2005                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0020.0000                           |
|3.                      |107.0056.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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