RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          18 October 2005
      DOCKET NUMBER:  AR20050004065


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Kenneth 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 award of the Purple Heart.

2.  The applicant states, in effect, on or about 24 November 1970 he was
wounded by small arms fire in Vietnam and was treated by the medic in the
field.

3.  The applicant provides a statement from the medic at the time in
question.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 January 1972.  The application submitted in this case is dated 20
November 2004; however, this application was received in this office on 18
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 was inducted on 13 May 1970.  He arrived in Vietnam on
11 October 1970.  He served as a light weapons infantryman assigned to
Company D, 3rd Battalion, 187th Infantry in Vietnam from 23 October 1970
until he was hospitalized on 13 September 1971 for a dislocated shoulder.
On 5 January 1972, the applicant was released from active duty in the rank
of specialist four after completing 1 year, 7 months, and 23 days of
creditable service with no time lost.

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the
National Defense Service Medal, the Vietnam Service Medal, the Vietnam
Campaign Medal, the Bronze Star Medal, and the Air Medal as authorized
awards.

5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.
7.  In support of his claim, the applicant provided a statement from the
medic at the time in question.  He attests that on or about 24 November
1970, during a small arms firefight, a bullet struck the applicant’s rifle
sending pieces of gun sights from his gun barrel and fragments from the
bullet in all directions.  He states that the applicant and two other
Soldiers received wounds from the fragments and that “The three were
treated in the field, not requiring to be sent to rear, as we were being
extracted the next morning.”  He also attests that the proper paperwork was
turned in but there was a problem getting it through the channels.

8.  The applicant’s Standard Form 93 (Report of Medical History), dated
27 December 1971, shows the applicant reported that he was hospitalized in
September 1971 for subluxation (an incomplete or partial dislocation) of
his left shoulder.

9.  Headquarters, 101st Airborne Division (Airmobile) Special Orders Number
15, dated 15 January 1971, show the applicant received the Combat
Infantryman Badge.

10.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.

11.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

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 the applicant's unit is entitled
to award of the Republic of Vietnam Gallantry with Palm Unit Citation based
on Department of the Army General Orders Number 6, dated 1974.

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.

14.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records which shows the applicant
was wounded or injured as a result of hostile action in Vietnam.  The
Standard Form 93 shows the applicant was hospitalized on 13 September 1971
for a dislocated left shoulder.  In the absence of orders or other evidence
of record showing that the applicant was injured or treated for wounds as a
result of hostile action, the medic’s statement provided by the applicant
is not sufficient as a basis for award of the Purple Heart.  Regrettably,
there is insufficient evidence on which to base award of the Purple Heart
in this case.

2.  Orders show the applicant received the Combat Infantryman Badge.

3.  The applicant was separated in the rank of specialist four with almost
18 months of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 13 May 1970 through 5 January 1972
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

4.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

5.  The applicant's unit was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation while he was assigned to it.

6.  Records show the applicant should have discovered the alleged error now
under consideration on 5 January 1972; therefore, the time for the
applicant to file a request for correction of any error expired on 4
January 1975.  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 statute of limitations on requests for award
of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JS_____  LS______  KL______  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.  awarding him the first award of the Good Conduct Medal for the
period 13 May 1970 through 5 January 1972; and

      b.  amending his DD Form 214 to add award of the Good Conduct Medal
and to show that he was awarded the Combat Infantryman Badge, the Vietnam
Service Medal with two bronze service stars, and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

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.



            ___John Slone_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004065                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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