RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 December 2005
      DOCKET NUMBER:  AR20050006053


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Ronald Blakely                |     |Member               |
|     |Ms. Jeanette McCants              |     |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 for wounds to his
right and left temple area and his right and left arms.

2.  The applicant states he should have been awarded the Purple Heart for
trying to pull a second lieutenant out of a jeep that hit an anti-tank land
mine.  He states he was attached to a mine sweeping unit.  A jeep, with a
second lieutenant who did not want to wait for the road to be cleared, told
the mine sweepers to get out of the way and the jeep hit the mine.  A
friend with him went to the jeep to get the second lieutenant out, but the
jeep blew up before they could get him out.  He also states he was burned
on his forehead, left and right temples and his left and right arms.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) and medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 August 1971.  The application submitted in this case is
dated 12 April 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 enlisted in the Regular Army on 22 December 1967 for a
period of three years.  He completed basic combat training and advanced
individual training and was awarded military occupational specialty 11B
(Light Weapons Infantryman).  He was assigned to the 71st Infantry
Detachment, 199th Infantry Brigade in Vietnam on 26 July 1968.  He was
later assigned to Company D, 589th Engineer Battalion.

4.  The applicant was discharged on 29 January 1969 for the purpose of
immediate reenlistment.  His DD Form 214 for the period ending 29 January
1969 does not show entitlement to the Purple Heart.

5.  He reenlisted on 30 January 1969 for a period of three years.
6.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification
Record) shows a handwritten entry "Miner (sic) Burns of the forehead & the
face & Left & Right Arm" on "July 24 69."

7.  The applicant departed Vietnam on 26 July 1969 and was credited with
participation in three campaigns.

8.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  His name is not included on the Vietnam
Casualty Roster.

9.  The applicant's Chronological Record of Medical Care (Standard Form
600) indicates he was treated at the Branch Dispensary at Fort Riley,
Kansas on 2 February 1970.  The entry indicates that the applicant had 4
month old burns to his forehead which he received in Vietnam.  He was also
treated on 25 February 1970 and the entry indicates the burn on the
applicant's forehead was healed with no swelling and very good results.  He
was complaining of pain over this area.

10.  The applicant was reassigned to Vietnam on 15 August 1970 and departed

on 7 December 1970.  His unit of assignment prior to being hospitalized is
not available.

11.  A Physical Evaluation Board evaluated the applicant on 9 July 1971 and
determined that he was unfit for service.  He was diagnosed as having
schizophrenic reaction, paranoid type.

12.  The applicant was retired on 23 August 1971 and placed on the
Temporary Disability Retired List with a 50 percent disability rating.  His
DD Form 214 for the period ending 23 August 1971 shows he was awarded the
National Defense Service Medal, the Parachutist Badge, the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal with Device (1960), the
Combat Infantryman Badge (First Award), and two Overseas Service Bars.

13.  Headquarters, Department of the Army General Orders Number 8, dated
1974, awarded all units which served in Vietnam the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

15.  Army Regulation 600-8-22 states the Purple Heart is awarded to any
member of an Armed Force who has been wounded or killed in any action
against an enemy of the United States.  The wound must have required
treatment by a medical officer and records of medical treatment for wounds
or injuries received in action must have been made a matter of official
record.  When contemplating an award of the Purple Heart, the key issue
commanders must take into consideration is the degree to which the enemy
caused the injury. The fact the proposed recipient was participating in
direct or indirect combat operations is a necessary prerequisite, but is
not sole justification for award.

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the
applicant.  His name is not listed on the Vietnam Casualty Roster.

2.  The applicant's medical documents were carefully reviewed.  However,
they do not verify that the applicant was wounded or injured as a result of
hostile action.  The applicant's February 1970 Chronological Record of
Medical Care apparently failed to note that he had been wounded in action.
It appears his commander decided the degree to which the enemy caused his
injuries was insufficient to justify award of the Purple Heart.  Therefore,
there is insufficient evidence on which to base correction of his records
to show award of the Purple Heart.

3.  The applicant received credit for participation in three campaigns
during the Vietnam War.  Therefore, his DD Form 214 for the period ending
23 August 1971 should be administratively corrected to show three bronze
service stars for wear on his Vietnam Service Medal.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 8, dated 1974.  Therefore, this foreign unit award should be
added to his DD Form 214 for the period ending 23 August 1971.

5.  Evidence shows that the applicant’s records contain administrative
errors which do 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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 August 1971.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 22 August 1974.  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

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JH______  RB______  JM______  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.  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 Vietnam Service Medal with three bronze service stars
and the Republic of Vietnam Gallantry Cross with Palm Unit Citation on his
DD Form 214 for the period ending 23 August 1971.




                                  James Hise____________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050006053                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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