RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:  14 December 2005
      DOCKET NUMBER:  AR20050003887


      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. Luis Almodova                 |     |Senior 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, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was injured at Camp Baxter, Da
Nang, and received medical attention to his left arm from flying debris.
He believed and was told too much time had elapsed for consideration of
award of the Purple Heart.

3.  The applicant added in a short self-authored note to the Board that he
is not sure exactly of the unit he was with at the time of his injury.  He
also does not remember the previous unit but it was at Camp Baxter and the
medics there treated him.

4.  The applicant submitted only his short, self-authored note to the Board
in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 14 November 1973.  The application submitted in this case is
dated 7 January 2005 but was not received for processing until 17 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 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 military records show that he enlisted in the Regular
Army on 18 November 1970.  He completed basic combat training and his
advanced individual training at Fort Leonard Wood, Missouri.  After
completing all required training, he was awarded the military occupational
specialty (MOS), 62F (Crane Operator).

4.  The applicant served in Vietnam from 13 September 1971 through 20
April 1972.  He was assigned to the 870th Transportation Company on his
arrival in
Vietnam.  On 15 February 1972, he was assigned to Company D, 87th
Infantry, for duty as a Duty Soldier - Rifleman.  The applicant was
reassigned to Company E, 50th Infantry, on 20 April 1972.  He remained
with this unit until he was returned to the United States.

5.  The applicant was honorably discharged, on 14 November 1973, and was
placed on the temporary disability retired list due to a gunshot wound he
sustained in Illinois while he was on authorized leave.

6.  The applicant was discharged in the rank and pay grade of Private First
Class, E-3.  On the date he was discharged, he had completed 2 years,
7 months, and 7 days active military service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
Armed Forces of the United States, Report of Transfer or Discharge, shows
he was awarded:  the National Defense Service Medal, the Republic of
Vietnam Campaign Medal, and one overseas service bar.  The Purple Heart is
not shown on the applicant's DD Form 214.

8.  An entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted
Qualification Record, is blank.

9.  There is no entry in Item 41 (Awards and Decorations), of the DA Form
20, showing the Purple Heart.

10.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.

11.  The applicant's name does not appear on the Vietnam Casualty List.
The Casualty Information System maintained by the National Archives was
also searched and revealed no information pertinent to his being wounded or
injured in Vietnam as a result of enemy action.

12.  Item 41, of the applicant's DA Form 20, shows the applicant's
entitlement to the Vietnam Service Medal; however, it does not show the
bronze service stars to which the applicant is entitled for his campaign
participation and, it was not transposed to his DD Form 214, on his
temporary disability retirement date.
13.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Consolidation I, which extended from 1
July through 30 November 1971; the Consolidation II, which extended from 1
December 1971 through 29 March 1972; and the Vietnam Cease-Fire, which
extended from 30 March 1972 through 28 January 1973.

14.  AR 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
requests for award of the Purple Heart.

15.  Army Regulation (AR) 600-8-22 provides, in pertinent part, for award
of the Vietnam Service Medal.  This medal is awarded to all members of the
Armed Forces of the United States for qualifying service in Vietnam after 3
July 1965 through 28 March 1973.  Qualifying service included attachment to
or assignment for 1 or more days with an organization participating in or
directly supporting military operations.

16.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

17.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows the applicant was
assigned to a unit, the 870th Transportation Company, which was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 1 March through
9 October 1971, while he was a member of the unit, by Department of the
Army General Orders (DAGO) Number 6, dated 1974.

18.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.
DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant provided none, to show he was
injured or wounded as a result of enemy action while he served in Vietnam.

2.  The applicant's name does not appear on the Vietnam Casualty List or in
the Casualty Information System maintained by the National Archives.

3.  The evidence does show that the applicant was placed on the temporary
disability retired list, on 14 November 1973, due to gunshot wounds he
sustained in Illinois, after his return from Vietnam.

4.  Based on the available evidence, the applicant is not entitled to award
of the Purple Heart and to have it added to his DD Form 214.

5.  The applicant served in three campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with three
bronze service stars, and to have this award added to his DD Form 214.

6.  The applicant served in a unit that was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, while he was a member of the
unit.  This unit award is not shown on his DD Form 214.  He is entitled to
this unit award and to have it added to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 November 1973; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 November 1976.  The applicant did not file within
the 3-year statute of limitations.  However, since award of the Purple
Heart is not governed by a statute of limitations, it is appropriate to
waive failure to timely file in this case.

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

__MJF___ __LCH__  __JS____  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 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 the applicant the Vietnam Service Medal, with three
bronze service stars; and the Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation; and, adding these awards to his DD Form 214.






                                  ______John Slone_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003887                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENIAL WITH NOTE                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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