RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          22 December 2005
      DOCKET NUMBER:  AR20050004853


      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. Richard P. Nelson             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 incurred shrapnel wounds on
more than one occasion while serving as an infantryman in Vietnam, but no
record of treatment was recorded by the medical facility.  He further
states, “the wounds are real and have resulted in a VA disability award.”

3.  The applicant provides copies of: a Department of Veterans Affairs
(DVA) notice of disability rating dated 22 November 2004; a self-authored
letter to the DVA, dated 29 April 2004, describing the injuries he
received; his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) dated 3 October 1968; a National Archives and
Records Administration Request Pertaining to Military Records dated 15
October 2003; and copies of letters written from Vietnam to his girl friend
(now his wife) dated 5 and 8 May 1967, respectively.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 3 October 1968.  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 limitation 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 records show he was inducted on 4 October 1966
and completed training in Military Occupational Specialty 11C10 (Infantry
Indirect Fire Crewman).  He was assigned to Vietnam where he served from
2 April 1967 to 28 March 1968 with Company A, 1st Battalion, 8th Infantry,
4th Infantry Division. The applicant then returned to Fort Benning, Georgia
where he completed his service obligation and was honorably separated in
pay grade E-5 on 3 October 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214,
which is authenticated in his own hand, shows he is entitled to the
following awards and decorations: the Vietnam Service Medal with two bronze
service stars; the National Defense Service Medal; the Combat Infantryman
Badge; the Sharpshooter Marksmanship Badge with Rifle Bar; the Expert
Marksmanship Badge with Mortar and Pistol Bars; and the Republic of Vietnam
Campaign Medal with Device (1960).  No other awards or decorations are
listed.

5.  There are no orders or certificates in the applicant’s records, and the
applicant has not provided any orders or certificates, that show he was
awarded the Purple Heart.  The applicant’s name is not listed on the
Vietnam Casualty Roster.  There are no entries in item 40 (Wounds) of the
applicant’s DA Form 20 (Enlisted Qualification Record) that show he was
wounded as a result of hostile action.  There is no indication in the
applicant’s medical records that he was wounded, or treated for wounds, as
a result of hostile action.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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 requests for award of the Purple Heart.

7.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

8.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
Good Conduct Medal is awarded to individuals who distinguish themselves by
their conduct, efficiency and fidelity during a qualifying period of active
duty enlisted service.  This period is 3 years except in those cases when
the period for the first award ends with the termination of a period of
Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit, to which the applicant
was assigned, was cited twice for award of the Presidential Unit Citation.
The first award was for the period 18 to 26 May 1967 by Department of the
Army General Orders Number 69, dated 1969; the second award was for the
period 29 October to 30 November 1967 by Department of the Army General
Orders Number 38, dated 1971.  This document also shows the unit was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 1 October 1966 to 31 October 1969 by
Department of the Army General Orders Number 53, dated 1970.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  The appendix shows
the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Vietnam Counteroffensive Phase II; Vietnam
Counteroffensive Phase III; and Tet Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  While the evidence presented by the applicant shows he is receiving
disability compensation from the DVA for shell fragment wounds, there is no
evidence the wounds were incurred as a result of hostile action.  The
letters written by the applicant to his girl friend indicate he was treated
for a “scratch” on his shoulder that became infected.  The letter dated 5
May 1967 specifically states he was “not shot.”

2.  There is no evidence that the applicant was awarded the Purple Heart.
There is no evidence in the applicant’s service personnel records that
shows that he was wounded, or treated for wounds or injuries, as a result
of hostile action.  The applicant authenticated his separation document,
which does not show award of the Purple Heart.  In the absence of more
conclusive evidence, the applicant is not entitled to award of the Purple
Heart or correction of his records to show this decoration.
3.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show that his conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service, the
applicant is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 4 October 1966 to 3
October 1968.  Therefore, he is entitled to correction of his records to
show this award.

4.  General Orders show the applicant is entitled to two awards of the
Presidential Unit Citation.  Therefore, he is entitled to correction of his
records to show these unit awards, correctly shown as the Presidential Unit
Citation with First Oak Leaf Cluster.

5.  General Orders show the applicant is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this unit award.

6.  Evidence of record shows the applicant received the Vietnam Service
Medal and participated in three campaigns.  As a result, he is entitled to
award of one additional bronze service star, to be affixed to the Vietnam
Service Medal, and correction of his records to show this appurtenance.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 October 1968.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 2 October 1971.  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

___jbm__  ___tsk___  ___rld___  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 showing award of:

      a. the First Award of the Good Conduct Medal, for the period 4
October 1966 to 3 October 1968;

      b. the Presidential Unit Citation with First Oak Leaf Cluster;

      c. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation; and

      d. one additional bronze service star, for a total of three, to be
affixed to the Vietnam Service Medal.

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.




            _________Ted S. Kanamine________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004853                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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