RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20050005022


      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. Stacy R. Abrams               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 that the Purple Heart be added to his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he was lightly wounded on his
right knee while his unit was engaged in a heavy firefight in Vietnam.  He
further states that he was treated by a medic and kept in the field.

3.  The applicant also states that he received his Purple Heart about a
month later, but failed to ensure it was annotated on his DD Form 214.

4.  The applicant provides a copy of a DD Form 1156 (Casualty Feeder
Report).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 March 1969, the date of his separation from the Army.  The
application submitted in this case is dated 18 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. 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 service personnel records show he was inducted in the
Army on 24 July 1967.  He successfully completed basic training and
advanced individual training and was initially awarded the military
occupational specialty 11B (Infantryman).

4.  The applicant's DD Form 214 shows that he was awarded the National
Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal and
the Good Conduct Medal.

5.  The applicant's DA Form 20 shows in item 31 (Foreign Service) that he
served in the Republic of Vietnam from 1 April 1968 through 31 March 1969.

6.  The applicant's DA Form 20 does not show any entry in item 40 (Wounds)
or list the Purple Heart in item 41 (Awards and Decorations).
7.  There are no General Orders in the available records which show that
the applicant was awarded the Purple Heart.  There also is no evidence in
the available records that shows he was wounded or treated for wounds as a
result of hostile action.

8.  The applicant's name is not listed on the Vietnam Casualty Roster.

9.  A DD Form 1156 (Casualty Feeder Report) provided by the applicant shows
he was lightly wounded in battle on 13 May 1968.

10.  Review of the applicant's records reveals that he may be entitled to
additional awards which are not shown on his DD Form 214.

11.  Records show the applicant was awarded the Combat Infantryman's Badge
by Department of Army Headquarters, 199th Infantry Brigade, Special Orders
116, dated 25 April 1968.

12.  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 that, at the time of the
applicant's assignment to A Company, 5th Battalion, 12th Infantry Division,
the unit was cited for award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation by Headquarters Department of the Army
General Orders Number 51, dated 1971.

13.  Department of the Army Pamphlet 672-3 list the unit awards received by
units serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to A Company, 5th Battalion, 12th Infantry Division,
the unit was cited for award of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation by Headquarters Department of the Army General
Orders Number 51, dated 1971.

14. 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.  There is no statute of limitations governing requests for
award of the Purple Heart.




15.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in five campaigns during his service in Vietnam; however, his
records do not show award of bronze service stars to recognize campaign
participation.  Appendix B of Army Regulation 600-8-22 shows that the
applicant participated in the TET Counteroffensive, the Vietnam
Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, Vietnam
Counteroffensive Phase VI and the TET Counteroffensive 1969.

16.  Army Regulation 600-8-22 provides, that a silver service star is
authorized in lieu of five bronze service stars

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the Purple Heart be added to his DD Form
214 and it be mailed to him.

2.  The evidence of record provides no confirmation that the applicant was
ever wounded in action.  Further, item 40 of his DA Form 20 is blank and
his name is not included on the Vietnam Casualty Roster, which would
indicate he was never wounded or injured in action.

3.  A casualty feeder report submitted by the applicant shows he was
lightly wounded in action.  Absent any other corroborating evidence that
shows the applicant was wounded or treated for wounds due to hostile
action, there is insufficient basis for award of the Purple Heart in this
case.

4.  Evidence of record shows the applicant was awarded the Combat
Infantryman Badge.  Therefore, it would be appropriate to correct his
record to show this badge.

5.  General Orders awarded the applicant the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit awards.

6.  The evidence of record further shows that based on his Vietnam campaign
participation, the applicant is entitled to five bronze service stars with
his Vietnam Service Medal.  Therefore, it would be appropriate to correct
his records to show award of the Vietnam Service Medal with one silver
service star.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 March 1969, the date of his
discharge; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 29 March 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 evidence 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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MJF____  _DJ____  _JS____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive the ABCMR's three
year statute of limitations in the case.

2.  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 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 the Combat Infantryman's Badge, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service
Medal with one silver service star.


                                      __John N. Slone__
                                            CHAIRPERSON
            INDEX

|CASE ID                 |AR20050005022                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050811                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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