RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 December 2005
      DOCKET NUMBER:  AR20050004427


      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. Prevolia A. Harper            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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) to show award of the
Purple Heart.

2.  The applicant states that he received his Purple Heart medal through
the mail and that he later received his DD Form 214 which did not list the
Purple Heart.
The applicant further states that he earned the award and it was mistakenly
omitted from his DD Form 214 should be documented in his permanent records.


3.  The applicant provides a copy of an award certificate for the Purple
Heart, dated 11 December 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 20 January 1972.  The application submitted in this case is
dated 28 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 was inducted into the Army on 14 July 1970.  He completed
the required training and was awarded the military occupational specialty
(MOS) 11B20 (Light Weapons Infantryman) and the highest grade he held
during this period was specialist four.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 19 December 1970 to 11
December 1971.
Item 38 (Record of Assignments) shows that he was assigned to the
2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), on 30
December 1970.

5.  Item 40 (Wounds) of the DA Form is blank and contains no entry
indicating the applicant was wounded in action, and Item 41 (Awards and
Decorations) does not include the Purple Heart among the earned awards
listed.

6.  On 20 January 1972, the applicant was honorably separated at the
expiration
of his term of service.  The separation document (DD Form 214) he was
issued shows he completed a total of 1 year, 8 months, and 2 days of active
military service for this period.

7.  The applicant’s DD Form 214 also shows he earned the following awards
during his active duty tenure:  National Defense Service Medal; RVN
Campaign Medal with 1960 Device, Vietnam Service Medal with one bronze
service star, and the RVN Gallantry Cross with Palm Unit Citation.  The
applicant authenticated the DD Form 214 with his signature in Item 32
(Signature of Person Being Transferred or Discharged).

8.  There are no orders or medical records which show the applicant was
treated for wounds or injuries sustained as a result of hostile action.

9.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The
applicant’s name was not found on this roster of RVN casualties.

10.  The applicant provided a copy of an award certificate, dated 11
February 1971, which shows the applicant was awarded the Purple Heart for
wounds received in action on 11 February 1971 in the RVN.  The applicant
did not provide a copy of general orders for this certificate.

11.  Army Regulation 800-8-22 (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.

12.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each RVN campaign a member is
credited with participating in.  Table B-1 contains a list of RVN
campaigns, and it shows that during his tenure of assignment, the applicant
was credited with participating in the Vietnam Counteroffensive Phase VII,
Consolidation I, Consolidation II campaigns.

13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit, 2nd Battalion, 8th Cavalry,
was awarded the Valorous Unit Award and the RVN Gallantry Cross with Palm
Unit Citation.

14.  Army Regulation 600-8-104 (Military Personnel Information Management
Records), in pertinent part, states that for U.S. military decorations, the
only acceptable source documentation is the order, letter, or memorandum
which awards the decoration.  Award certificates, citations, or separation
certificates alone will not be a basis for entry of a decoration.  DD Form
214 (Certificate of Release or Discharge) alone should not be the sole
basis for recording a decoration.  This document is may be used to
initially enter a decoration; however, if the validity of the award on the
DD Form 214 is questioned or challenged, the only acceptable proof of award
of the decorations will be the order, letter, or memorandum.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the Purple Heart and the
supporting documents he provided were carefully considered.  However, by
regulation, in order to support award of the Purple Heart, it is necessary
to establish that the wound, for which the award is being made, was
received as a direct result of, or was caused by enemy action, required
treatment by a medical officer, and a record of this treatment must have
been made a matter of official record.

2.  Although the applicant provided a copy of an award certificate for the
Purple Heart, by regulation, a certificate alone is insufficient as a basis
to justify awarding the Purple Heart.  There are no medical treatment
records in the available records which document treatment for a wound or
injury and there are no orders or recommendation from the applicant’s chain
of command.

3.  There is no entry in Item 40 of his DA Form 20, and his name is not
listed on the Department of the Army RVN Casualty Roster, the official list
of RVN battle casualties.  Absent any evidence of record to confirm his
wound was received as a direct result of, or was caused by enemy action,
the regulatory burden of proof necessary to support award of the Purple
Heart has not been satisfied in this case.


4.  Records confirm the applicant is entitled to the Valorous Unit Award,
the RVN Gallantry Cross with Palm Unit Citation and three bronze service
stars with his Vietnam Service Medal.  The omission of these awards from
his record is an administrative matter that does not require Board action.


5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 January 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
19 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.

6.  Evidence of record shows that the applicant’s record contains
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 outline by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__BPI___  __DWS__  __EEM__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it is in the interest of justice to excuse
failure to timely fine.

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 errors in the record 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
his entitlement the Valorous Unit Award, the RVN Gallantry Cross with Palm
Unit Citation and three bronze service stars to be worn on his Vietnam
Service Medal






                                  ____ Bernard P. Ingold_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004427                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051206                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY w/note)                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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