RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         5 January 2006
      DOCKET NUMBER:  AR20050004838


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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, in effect, that he was injured while on patrol in
Vietnam in the early part of 1967 when he was stabbed by a punji stick in
the right calf muscle and he was not properly recognized with an award of
the Purple Heart.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 October 1967, the date of his release from active duty.  The application
submitted in this case is dated 21 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 military service record shows that he was inducted into
the U.S. Army on 27 December 1965.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

4.  The applicant's military service record shows that he was assigned to
Headquarters and Headquarters Company, 2nd Battalion, 12th Infantry,
4th Infantry Division in Vietnam from 22 September 1966 through 30 April
1967, and then to Company B, 4th Battalion, 39th Infantry, 9th Infantry
Division in Vietnam from 1 May 1967 through 28 September 1967.  He was
honorably separated from the U.S. Army on 1 October 1967 after serving on
active duty for a total of 1 year, 9 months, and 5 days.

5.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the National
Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with
1960 Device, Combat Infantryman Badge, Good Conduct Medal (First Award),
and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 22
September 1966 through 29 September 1967.  Item 39 (Campaigns) of this
document shows that he participated in the Vietnam Counteroffensive Phase
II campaign.

7.  There are no orders in the applicant’s service personnel record which
shows that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.  His DA Form 20 does not show an entry in Item 40 (Wounds)
or list the Purple Heart in Item 41 (Awards and Decorations).  The
applicant's name is not listed on The Adjutant General, Casualty
Division's, Vietnam Casualty Roster.

8.  The applicant's record contains a Standard Form (SF) 89 (Report of
Medical History), dated 1 October 1967, prepared by the applicant at the
time of his separation medical examination.  In response to Item 33 (Have
you ever had any illness or injury other than those already noted? (If yes,
specify when, where, and give details)), the applicant placed a check mark
in the "No" column.  In response to Item 34 (Have you ever had any illness
or injury other than those already noted?  (If yes, specify when, where,
and give details)), the applicant placed a check mark in the "Yes" column
and made the entry, "Dr. Henderson, Independence, MO, Physical
Examination".  Further review of the document shows that it is absent any
indication that the applicant was injured in Vietnam.  However, the
document does show that the applicant certified that he reviewed the
information that he supplied, that it was true and complete to the best of
his knowledge, and he affixed his signature to the document.

9.  The applicant's records also contain a SF 88 (Report of Medical
Examination), dated 1 October 1967, issued at the time of the applicant's
separation medical examination.  Item 39 (Identifying Body Marks, Scars,
Tattoos) of the document fails to show any abnormality or reference to
indicate that the applicant had a scar on his right calf resulting from an
injury.  Further review of the document shows that it is absent any
indication that he was injured in Vietnam.

10.  The applicant provides no documentary evidence in support of his
application.

11.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

12.  The applicant's record contains a copy of Headquarters, 4th Infantry
Division, Fort Lewis, Washington, Special Orders Number 207, dated 20
August 1966, which shows that he was awarded the Expert Marksmanship
Qualification Badge with Grenade Bar.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following two campaigns:  Vietnam Counteroffensive Phase II and
Vietnam Counteroffensive Phase III.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant's
assignment to the 2nd Battalion, 12th Infantry Regiment, the unit was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army, General Orders Number 3 (1970); as
amended by Headquarters, Department of the Army, General Orders Number 38
(1970); and Headquarters, Department of the Army, General Orders Number 48
(1971).

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.  There is no statute of limitations governing requests
for award of the Purple Heart.

16.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.
18.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

19.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of
arrival and the month of departure from Vietnam are counted as whole months
for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to the Purple
Heart because he was injured while on patrol in Vietnam in the early part
of 1967 when he was stabbed by a punji stick in the right calf muscle.
However, the applicant provides no documentary evidence in support of his
claim.

2.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.  Therefore, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

3.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Grenade Bar.  Therefore, it would be appropriate
to correct his records to show this additional component bar on his Expert
Marksmanship Qualification Badge.

4.  Records show that the applicant served in two campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of two
bronze service stars to be affixed to his Vietnam Service Medal.

5.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

6.  Records show that the applicant served a total of 12 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of
two Overseas Service Bars.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 October 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 September 1970.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

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

__WDP__  __TMR__  __RJF __  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 by:

     a.  correcting his DD Form 214 to delete:  Vietnam Service Medal and
Expert (Rifle M14); and

     b.  correcting his DD Form 214 to add:  Vietnam Service Medal with 2
bronze service stars, Expert Marksmanship Qualification Badge with Rifle
and Grenade Bars, Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and 2 Overseas Service Bars.




                                  ___WILLIAM D. POWERS __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004838                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19671001                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5                   |
|DISCHARGE REASON        |Oversea Returnee, Released From Active  |
|                        |Duty                                    |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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