RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050004471


      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. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy       |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 that he be awarded the Purple Heart.

2.  The applicant states he received shrapnel wounds to his right leg and
was treated by a medic in the combat zone.  They had been in a firefight
approximately May/June 1972 (sic).

3.  The applicant provides no supporting evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 January 1972.  The application submitted in this case
is dated   15 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 23 July 1970.  He completed
basic combat training and advanced individual training and was awarded
military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to Company A, 2d
Battalion, 12th Infantry on or about 8 January 1971.  He was transferred to
Company A, 1st Battalion, 12th Infantry on 30 March 1971.  He departed
Vietnam on 16 October 1971.  He was honorably released from active duty on
28 January 1972, in pay grade E-4, after completing 1 year, 6 months, and
      6 days of creditable active service with no lost time.

5.  The applicant's name is not on the Vietnam Casualty Roster.  Item
         40 (Wounds) of his DA Form 20 does not show he was wounded.  His
service medical records are not available.

6.  The applicant's conduct and efficiency had been rated as "excellent"
throughout his service.  There is no record of any disciplinary actions
ever taken against him.
7.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is
awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify the wound was the result
of hostile action, the wound must have required treatment by a medical
officer, and the medical treatment must have been made a matter of official
record.

8.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated 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.

9.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant provides none to show
he was wounded as a result of hostile action.  There is insufficient
evidence on which to base award of the Purple Heart.

2.  All units in Vietnam were awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and so this unit award should be added to his
DD Form 214.

3.  It appears the applicant met the eligibility criteria for award of the
Army Good Conduct Medal for the period 23 July 1970 through 28 January
1972.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 January 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         27 January 1975.  Although the applicant did
not file within the 3-year statute of limitations, it is appropriate to
waive failure to timely file based on the fact there is of statute of
limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___jea___  __teo___  __cak___  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:

     a.  awarding him the Army Good Conduct Medal for the period 23 July
1970 through 28 January 1972; and

     b.  adding the Army Good Conduct Medal and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation to his DD Form 214.

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
awarding him the Purple Heart.




                                  __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004471                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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