RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         15 November 2005
      DOCKET NUMBER:  AR20050006501


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 in effect, award of the Purple Heart (PH) and
the addition of a Certificate of Achievement and Certificate of
Appreciation to his separation document (DD Form 214).

2.  The applicant states, in effect, in May 1968, while serving with the
199th Infantry Brigade in the Republic of Vietnam (RVN), he was engaged in
a battle that resulted in another Soldier being killed.  He earned the PH.
He also requests that a Certificate of Achievement and Certificate of
Appreciation he earned be added to Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his
DD Form 214.

3.  The applicant provides the following documents in support of his
application: DD Form 214; Certificate of Appreciation; Certificate of
Achievement; and
North Carolina Department of Administration Letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 5 September 1969.  The application submitted in this case
is dated 21 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’s record shows he was inducted into the Army and entered
active duty on 7 September 1967.  He was trained in, awarded and served in
military occupational specialty (MOS) 11B20 (Light Weapons Infantryman),
and the highest rank he attained while serving on active duty was
specialist (SPC).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 16 February 1968 through 12 February 1969.  During
his RVN tour, he was assigned to Company C, 4th Battalion, 12th Infantry
Regiment, 199th Infantry Brigade from 28 February 1968 through 17 September
1968, performing duties in MOS 11B as a Rifleman.  He was also assigned to
the Security Guard Company, United States Army Vietnam (USARV) from
18 September 1968 through 12 February 1969, performing duties in MOS 11B
as a Senior Guard.

5.  Item 40 (Wounds) of the applicant's DA Form 20 is blank.  Item 41
(Awards and Decorations) does not include the PH in the list of authorized
awards entered.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
orders or other documents that indicate he was ever wounded in action, or
awarded the PH.  There are also no medical treatment records on file in the
MPRJ that indicate he was ever treated for a combat related wound or
injury.

7.  On 5 September 1969, the applicant was honorably separated after
completing a total of 1 year, 11 months and 29 days of active military
service.  The separation document (DD Form 214) he was issued at that time
shows he earned the following awards:  National Defense Service Medal
(NDSM), Vietnam Service Medal (VSM) with 2 bronze service stars; Vietnam
Campaign Medal with 60 Device; 2 Overseas Bars; Combat Infantryman Badge
(CIB) and Sharpshooter Qualification Badge with Rifle Bar.

8.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
search failed to reveal the applicant’s name among the list of RVN battle
casualties.

9.  The applicant provides a Certificate of Appreciation he received in
recognition of his active service and faithful performance of duty on 5
September 1969.  He also provides a Certificate of Achievement he received
for displaying singular perseverance, fidelity and profession competence
while rendering meritorious service in support of the military effort in
the RVN from September 1968 through February 1969.

10.  Army Regulation 600-8-22 of the awards regulation provides, in
pertinent part, that the PH is awarded for a wound sustained as a result of
hostile action.  In order to support award of the PH, there must be
evidence verifying the wound for which the award is being made was received
as a result of hostile action, the wound must have required treatment by
military medical personnel, and the medical treatment must have been made a
matter of official record.

11.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.
It states, in pertinent part, that a bronze service star is authorized with
this award for each RVN campaign a member is credited with participating
in.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that during the applicant’s tenure of
assignment in the RVN, his units were awarded the RVN Gallantry Cross with
Palm Unit Citation, Meritorious Unit Commendation (MUC), and the RVN Civil
Actions Honor Medal First Class Unit Citation.  This source publication
further shows that he was credited for participating in the following four
campaigns:
TET Counteroffensive; Vietnam Counteroffensive Phase IV; Vietnam
Counteroffensive Phase V; and Vietnam Counteroffensive Phase VI.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy,
criteria and administrative instructions concerning individual military
awards.  Chapter 10 outlines the policies and procedures governing
eligibility criteria and issuance of various certificates and letters.
Paragraph 10-7 allows commanders to recognize periods of faithful service,
acts, or achievements which do not meet the standards required for
decorations by issuing to individual United States military personnel a DA
Form 2442 (Certificate of Achievement) or Certificates of local design.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents which are prepared for individuals upon retirement, discharge, or
release from active military service or control of the Army. It establishes
standardized policy for preparing and distributing DD Form 214.  It
provides for entering all decorations, medals, badges, citations, and
campaign ribbons awarded or authorized in the awards block of the
separation document.  There are no provisions for including Certificates of
Achievement or local certificates on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH and the supporting
documents he submitted were carefully considered.  However, by regulation,
in order to award the PH it is necessary to establish that a Soldier was
wounded as a result of enemy action, that the wound required treatment by
military medical personnel and that the medical treatment was made a matter
of official record.

2.  There are no orders, or other documents on file in the applicant’s MPRJ
indicating he was ever wounded in action, or that he was ever recommended
for or awarded the PH.  Further, his record is void of any medical
treatment records showing he was ever treated for a combat related wound or
injury.  In addition, his name is not included on the DA Vietnam Casualty
Roster, the official DA list of RVN battle casualties, and Item 40 of his
DA Form 20 is blank, indicating he was never wounded or injured in action.
Therefore, the regulatory burden of proof necessary to support award of the
PH has not been satisfied in this case.

3.  By regulation the only authorized entries in the awards block of the DD
Form 214 are medals, badges, citations, and campaign ribbons.  While the
regulation does allow commanders to recognize periods of faithful service,
acts, or achievements which do not meet the standards required for
decorations, it does not authorized inclusion of these certificates on the
DD Form 214.  Therefore, the requested relief regarding adding the
applicant’s certificates to his separation document is not warranted.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 September 1969.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on
4 September 1972.  He failed to file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

5.  The record does show that based on his RVN service and campaign
participation, the applicant is entitled to the RVN Gallantry Cross with
Palm Unit Citation, MUC, RVN Civil Actions Honor Medal First Class Unit
Citation and
4 bronze service stars with his VSM.  The omission of these awards is an
administrative matter that does not require Board action to correct.
Therefore, administrative correction of his records will be accomplished by
the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION
section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SK  __  __JTM __  ___RLD_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented related to award of
the Purple Heart and the addition of Certificates of Achievement and
Appreciation to the DD Form 214 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board did determine there is an administrative error in the records
of the individual that should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show his entitlement to the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation,
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and
4 bronze service stars with his Vietnam Service Medal; and by providing him
a correction to his separation document that includes these changes.




                                  _____Stanley Kelley_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006501                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-05                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/09/05                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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