RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20050004135


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olsen                |     |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 he sustained injuries when a stove he was loading
blew up.  The applicant contends Vietnamese workers "booby trapped" the
stove.

3.  The applicant did not provide any documentary evidence in support of
this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on14 November 1970, the date of his discharge from active
duty.  The application submitted in this case is dated 14 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's records show that he enlisted in the Regular Army on
14 January 1969.  He completed combat basic training and was awarded the
military occupational specialty (MOS) 94A10 (Cook).  The applicant served a
tour of duty in the Republic of Vietnam during the period 19 February 1970
through 9 November 1970.  The applicant was honorably separated from active
duty on 14 November 1970.

4.  Item 24 (Decoration, 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) does
not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show any entries for wounds received.  Item 41 (Awards and
Decorations) does not show award of the Purple Heart.
6.  There are no medical records in the applicant's official military
personnel file that show he sustained wounds as a result of hostile action
or that show he was treated for wounds sustained as a result of hostile
action.

7.  There are no general orders in the applicant's records to show he was
awarded the Purple Heart.

8.  The applicant's name does not appear on the Vietnam Casualty Roster.

9.  Army Regulation 672-5-1 (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 been
treated by a medical officer, and the medical treatment must have been made
a matter of official records.

10.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

12.  Department of the Army Pamphlet 672-3 shows the applicant is entitled
to award of the Valorous Unit Award based on Department of the Army General
Orders Number 43, dated 1972.

13.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate he participated in the
Vietnam Winter Spring Campaign, the DA Sanctuary Counteroffensive, and the
Vietnam Counteroffensive Phase VII.

14.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in three campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
because of injuries sustained when a stove exploded.
2.  There are no general orders that show the applicant was awarded the
Purple Heart.  There is no evidence in his service personnel records which
shows that he was wounded or injured as a result of hostile action or
treated for such wounds.  The applicant's name is not listed on the Vietnam
Casualty Roster.

3.  In the absence of evidence that the applicant was wounded or injured as
a result of hostile action and treated for those wounds, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

4.  Orders show the applicant was awarded the Vietnam Gallantry Cross with
Palm Unit Citation.  Therefore, he is entitled to correction of his record
to show this award.

5.  Orders show the applicant was awarded the Valorous Unit Citation.
Therefore, he is entitled to correction of his records to show this award.

6.  Records show that the applicant participated in the three campaigns
during his service in Vietnam.  Therefore is eligible for award of three
bronze service stars to be affixed to his Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 November 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 November 1973.  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.

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 3 of the Board
Determination/Recommendation section below.










BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JTM____  _WDP___  _LJO___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely
file in this case.

2.  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 award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, the Valorous Unit Award, and three bronze service stars
to be affixed to the Vietnam Service Medal.




                                         _William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004135                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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