RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050004936


      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. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 he was wounded by shrapnel while in the midst of
battle and he was treated by medics and returned to combat.  The applicant
continued that the pieces of shrapnel not removed by the medics eventually
worked their way out on their own.  The applicant further states the medics
did not document the treatment that he received in the field.

3.  The applicant provides a copy of a letter and envelope post-marked 4
July 1968 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 July 1969, the date of his discharge from active duty.
 The application submitted in this case is dated 14 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 records are not available for review.  A fire
destroyed approximately 18 million service members’ records at the National
Personnel Records Center in 1973.  It is believed that the applicant’s
records were lost or destroyed in that fire.  However, there were
sufficient documents remaining in a reconstructed record to conduct a fair
and impartial review of this case.

4.  The applicant's records show that he was inducted on 11 July 1967.  He
was awarded the military occupational specialty (MOS) 13A10 (Field
Artilleryman).  The applicant served 11 months and 23 days in the Republic
of Vietnam.  The applicant was honorably separated from active duty on 28
July 1969.



5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) does
not show award of the Purple Heart.

6.  There are no medical records in the available military personnel file
that show the applicant sustained wounds as a result of hostile action or
that show he was treated for wounds sustained as a result of hostile
action.

7.  There are no general orders in the applicant's records to show he was
awarded the Purple Heart.

8.  The applicant's name does not appear on the Vietnam Casualty Roster.

9.  Army Regulation 672-5-1 (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 been
treated by a medical officer, and the medical treatment must have been made
a matter of official records.  This regulation also provides that there is
no statute of limitations on requests for award of the Purple Heart.

10.  The applicant provides a copy of a letter and an envelope post-marked
4 July 1968.  This letter was written by the applicant to his mother.  In
this letter, the applicant states that he was "hit" while in combat but
that his injuries were not bad enough to "come in."

11.  Review of the applicant's records indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
because of injuries sustained while involved in combat.



2.  There are no general orders that show the applicant was awarded the
Purple Heart.  There is no evidence in his service personnel records which
shows that he was wounded or injured as a result of hostile action or
treated for such wounds.  The applicant's name is not listed on the Vietnam
Casualty Roster.

3.  In the absence of evidence that the applicant was wounded or injured as
a result of hostile action and treated for those wounds, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

4.  Orders show the applicant was awarded the Vietnam Gallantry Cross with
Palm Unit Citation.  Therefore, he is entitled to correction of his record
to show this award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 July 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 27 July 1972.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file based on the fact there is no statute of limitations on
requests for award of the Purple Heart.

6.  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

_JNS___  _KWL___  _LDS____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely
file in this case.

2.  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 to show award of the Purple Heart.

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 award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation.





                                     __John N. Slone____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004936                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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