RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2005
      DOCKET NUMBER:  AR20050004553


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry                 |     |Member               |
|     |Mr. Robert Rogers                 |     |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 in effect, award of the Purple Heart (PH) with
Oak Leaf Cluster.

2.  The applicant states, in effect, that while serving in Vietnam with the
11th Cavalry Headquarters en route to assist the 25th Infantry, which was
under mortar attack, he was injured.  He states he was thrown off to the
ground with his rifle face down, hitting him in the mouth.  He states
several of his teeth were knocked out and several more were loose.  He
reported his injuries to the 1SG and was ordered to the hospital at Bien-
Hoa, where they removed several teeth from his lower jaw and later gave him
a plate.

3.  The applicant also states, in effect that during another attack on his
camp he was hit on the top of his head with a small piece of shrapnel, but
did not report this injury because it seemed to be minor.  He further
states he was not given the opportunity to give an explanation of the
nature of his injuries upon his discharge and he believes that he should
have received a PH for his service connected injuries.

4.  The applicant provides the following documents in support of his
application:  Self-Authored Letter, undated; Report of Medical Examination
(SF 88), dated
1 May 1969; and Department of Veterans Affairs claim letter, undated.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 7 June 1969.  The application submitted in this case is
dated
11 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 record shows he was inducted into the Army of the
United States and entered active duty on 13 April 1967.  He was trained in,
awarded and served in military occupational specialty (MOS) 64B (Heavy
Vehicle Driver), and the highest rank he attained while serving on active
duty was specialist (SPC).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 8 August 1968 through 5 April
1969.  Item 40 (Wounds) is blank and Item 41 (Awards and Decorations) does
not include the PH or PH with 1st Oak Leaf Cluster in the list of
authorized awards entered.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
orders or other documents that indicate he was ever wounded in action, or
awarded the PH.  There are also no medical treatment records on file in the
MPRJ that indicate he was ever treated for a combat related wound or
injury.

6.  On 7 June 1969, the applicant was honorably separated after completing
a total of 2 years, 1 month and 25 days of active military service.  The
separation document (DD Form 214) he was issued at that time shows he
earned the following awards:  National Defense Service Medal (NDSM),
Vietnam Service Medal (VSM), and Vietnam Campaign Medal.

7.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
search failed to reveal the applicant’s name among the list of RVN battle
casualties.

8.  Army Regulation 600-8-22 of the awards regulation provides, in
pertinent part, that the PH is awarded for a wound sustained as a result of
hostile action.  In order to support award of the PH, there must be
evidence verifying the wound for which the award is being made was received
as a result of hostile action, the wound must have required treatment by
military medical personnel, and the medical treatment must have been made a
matter of official record.

9.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.
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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that during the applicant’s tenure of
assignment in the RVN, his unit was awarded RVN Gallantry Cross with Palm
Unit Citation, and campaign credit for the Vietnam Counteroffensive Phase
V, Vietnam Counteroffensive Phase VI, and Tet 69 Counteroffensive 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH with 1st Oak Leaf
Cluster (2nd Award) was carefully considered.  However, by regulation, in
order to award the PH it is necessary to establish that a Soldier was
wounded as a result of enemy action, that the wound required treatment by
military medical personnel and that the medical treatment was made a matter
of official record.

2.  There are no orders, or other documents on file in the applicant’s MPRJ
indicating he was ever wounded in action, or that he was ever recommended
for or awarded the PH.  Further, his record is void of any medical
treatment records showing he was ever treated for a combat related wound or
injury.  In addition, his name is not included on the DA Vietnam Casualty
Roster, the official DA list of RVN battle casualties, and Item 40 of his
DA Form 20 is blank, indicating he was never wounded or injured in action.


3.  Records show the applicant should have discovered the alleged error or
injustice related to award of the PH now under consideration on 7 June
1969.  Therefore, the time for him to file a request for correction of any
error or injustice expired on 6 June 1972.  Although the applicant did not
file within the ABCMR's statue of limitations, it is appropriate to waive
failure to timely file in this case based on the fact that there is no
statue of limitations on requests for award of the Purple Heart.

4.  The record does show that based on his RVN service and campaign
participation, the applicant is entitled to the RVN Gallantry Cross with
Palm Unit Citation, and 3 bronze service stars with his VSM.  The omission
of these awards is an administrative matter that does not require Board
action.  Therefore, administrative correction of the applicant's records
will be accomplished by the Case Management Support Division (CMSD), St.
Louis, Missouri, as outlined in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION
section below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___BSE _  __HOF __  __RR___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

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 his entitlement to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and 3 bronze service stars with his Vietnam
Service Medal; and by providing him a corrected separation document that
includes these changes.




                                  _____Barbara J. Ellis_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004553                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-10-19D                             |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/06/07                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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