RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050006089


      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. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 that on 8 February 1968, while he was on a rescue
mission to recover a pilot and co-pilot, he was wounded by incoming
"rocket/mortar/artillery.”

3.  The applicant provided a black and white photograph in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 August 1969, the date of his release from active duty.
 The application submitted in this case is dated 15 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 records show that he enlisted in the Regular Army on
22 August 1966.  He completed combat basic training and was awarded the
military occupational specialty (MOS) 11B10 (Rifleman).  The applicant
served a tour of duty in the Republic of Vietnam during the period 3 August
1967 through 7 June 1968.  The applicant was honorably separated from
active duty on 21 August 1969.

4.  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.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show any entries for wounds received.  Item 41 (Awards and
Decorations) does not show award of the Purple Heart.
6.  There are no medical records in the applicant's official military
personnel file that show he 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.  The applicant submitted a photograph of an unidentified individual with
bandaged hand lying on a cot.

10.  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.

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.

13.  The applicant's records contain Headquarters 1st Infantry Division
Orders Number 6809, dated 10 July 1968, which awarded the applicant the
Army Commendation Medal for the period December 1967 through June 1968.
This award is not shown on his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
because of injuries sustained while evacuating a pilot and a co-pilot in
Vietnam.

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.  General Orders show the applicant was awarded the Army Commendation
Medal which is not shown on his separation document.  Therefore is entitled
to correction of his records to show this award.

5.  General Orders show the applicant was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation which is not shown on his
separation document.  Therefore he is entitled to correction of his records
to show this award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 August 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 August 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.

7.  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

_MM____  __CD_ __  _LB_____  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 Army Commendation Medal and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.




                                        __Mark D. Manning______
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006089                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/04                              |
|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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