RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20050004483


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |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 correction of his records to show award of the
Purple Heart (2nd Award) and the Combat Infantryman Badge.

2.  The applicant states, in effect, that he did not receive his Purple
Heart (2nd Award) for wounds he received on 15 February 1966 in Vietnam.
He further states that the Combat infantryman Badge was left off his final
DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides Headquarters, 2nd Brigade Task Force, 25th
Infantry Division Special Orders Number 48, dated 19 March 1966; four pages
of Standard Form 600 (Chronological Record of Medical Care), with dates
from 12 November 1965 through 18 March 1980; and two pages of Standard Form
513 (Consultation Sheet) with dates 2 December 1968 and 5 February 1980.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 31 January 1982.  The application submitted in this case is dated 28
February 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 enlisted in the Regular Army on 18 February 1958 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 111.10 (Light Weapons
Infantryman).

4.  The applicant's unit, A Company, 2nd Battalion, 27th Infantry, departed
Hawaii and arrived in Vietnam on or about 4 January 1966.  He departed
Vietnam on or about 8 February 1967.  On 31 January 1982, the applicant was
retired from active duty and transferred to the United States Army Reserve
Control Group (Retired).


5.  A DD Form 214 for the period ending 31 January 1982 shows that the
applicant was awarded the Vietnam Service Medal with one silver service
star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
the Army Good Conduct Medal (7th Award), the Purple Heart, the National
Defense Service Medal, the Army Commendation Medal, the Bronze Star Medal,
the Air Medal, the Silver Star, the Armed Forces Expeditionary Medal
(Korea), the Army Service Ribbon, the Overseas Service Ribbon, and the
Meritorious Service Medal.

6.  Headquarters, 2nd Brigade Task Force, 25th Infantry Division Special
Orders Number 48, dated 19 March 1966 show that the applicant was awarded
the Combat infantryman Badge.

7.  Headquarters, 25th Infantry Division General Orders Number 27, dated 8
April 1966 show the applicant was awarded the Purple Heart for wounds
received in action on 4 April 1966.

8.  There are no orders in the applicant's records that show he was awarded
the Purple Heart (2nd Award). The applicant's name is not listed on the
Vietnam Casualty Roster for receiving wounds on 15 February 1966.  Item 9
(Awards, Decorations and Campaigns) of his DA Form 2-1 (Enlisted
Qualification Record) does not show award of the Purple Heart (2nd Award).

9.  The applicant submitted a Standard Form 600, dated 27 February 1966
that shows he was treated at the 27th Infantry aid station for a secondary
infection from receiving shrapnel wounds to his right hand.

10.  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.  This regulation also provides that there is no statute of
limitations on request for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Standard Form 600 shows he was treated for fragment
wounds to the right hand on 27 February 1966.  However, the military
medical document does not show that the wound was caused by hostile forces.
 There are no orders in the applicant's service personnel records that show
he was awarded the Purple Heart (2nd Award).

2.  The applicant's name does not appear on the Vietnam Casualty Roster as
being wounded on 15 February 1966.  The applicant has not provided evidence
such as accounts from his chain of command at the time or medical personnel
who treated his wounds that show he was wounded or treated for wounds as a
result of hostile action.

3.  In the absence of military records which show the applicant was wounded
or treated for wounds as a result of hostile action on 15 February 1966
there is insufficient basis for award of the Purple Heart in this case.

4.  Evidence of record shows that the applicant was awarded the Combat
Infantryman Badge.  Therefore, his DD Form 214 should be amended to add
this award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 January 1982.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 January 1985.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SL _ __  __ENA __  __ 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 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 amending his DD Form
214 for the period ending 31 January 1982 to show award of the Combat
Infantryman Badge.




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 (2nd Award).




                                  ____John Slone          ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004483                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |15 September 2005                       |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0111.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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