RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 OCTOBER 2005
      DOCKET NUMBER:  AR20050006164


      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. Rene R. Parker                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry 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 his company was in a fire fight with mortars
and rockets.  The applicant maintains that he was hit with shrapnel and
evacuated to a hospital.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 September 1969, the date of his separation from active duty.
 The application submitted in this case is dated 7 February 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 on 19 September 1966 for a period of three
years.  After completion of basic and advanced individual training, he was
awarded military occupational specialty 71H (Personnel Specialist).  He
served in Vietnam from the period 20 March 1967 through 10 March 1968 while
assigned first to Headquarter and Headquarters, 4th Infantry Division and
later to Company A, 1st Battalion, 8th Infantry, 4th Infantry Division.
The applicant was honorably discharged on 18 September 1969.

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) show no entries of any wounds received.  Item 41 (Awards and
Decorations) does not show award of the Purple Heart.

5.  The applicant's military service records do not contain any general
orders awarding him the Purple Heart.


6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with
an effective date of 18 September 1969, does not show award of the Purple
Heart.

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

8.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also states that there
is no time limit on requests for award of the Purple Heart.

9.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.

10.  The applicant's DD Form 214 does not list awards of the Presidential
Unit Citation, Republic of Vietnam Gallantry Cross Unit Citation with Palm,
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.

11.  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 the 1st Battalion, 8th
Infantry, 4th Infantry Division, to which the applicant was assigned, was
cited for award of the Presidential Unit Citation for actions during the
period 29 October 1967 to         30 November 1967 based on Department of
the Army General Orders Number 38, dated 1971.

12.  The document also shows that the 4th Infantry Division was cited for
award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm by
Department of the Army General Orders Number 3, dated 1970 and the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation by
Department of the Army General Orders Number 53, dated 1970.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in three campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.  The
applicant's records show that he was awarded the Vietnam Service Medal.
However, his DD Form 214 does not show any bronze service stars indicating
campaign credit. His records indicate that he participated in the Vietnam
Counteroffensive Phase II, and Counteroffensive Phase III, and the Tet
Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should have been awarded the Purple
Heart.

2.  There are no general orders available which awarded the applicant the
Purple Heart.  There are no medical records available which show the
applicant was wounded or treated for wounds as a result of hostile action
during his service in Vietnam.  In the absence of such evidence, there is
insufficient basis for award of the Purple Heart in this case.

3.  Evidence of record shows that while the applicant was assigned to 1st
Battalion, 8th Infantry, 4th Infantry Division, the unit was awarded the
Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation.  Therefore, the applicant is entitled to correction of
his records to show these unit awards.

4.  Evidence also shows that the applicant participated in three campaigns
during his service in Vietnam.  Therefore, he is entitled to correction of
his records to show award of three bronze service stars to be worn on his
Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 September 1969.  Therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on    17 September 1972.  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.

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

_MM  ___  __LB____  __CD ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 the following awards:  Presidential Unit Citation;
Republic of Vietnam Gallantry Cross Unit Citation with Palm; Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation; and the
Vietnam Service Medal with three bronze service stars affixed.




                                  ______Mark Manning_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006164                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]