RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       20 December 2005
      DOCKET NUMBER:  AR20050006516


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Ronald E. 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, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was wounded between February
and July 1968.  The wound was not recorded for his Purple Heart.

3.  The applicant submits an e-mail message from "L***y A*****y but signed
O***r L. J***s providing supporting for award of the Purple Heart to the
applicant; and a self-authored letter addressed to his Member of Congress
(MOC), dated 12 April 2005; to support his request for award of the Purple
Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 29 August 1968, the date he was released from active duty.  The
application submitted in this case is dated 4 March 2005 but which was
received for processing on 27 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 limitation 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 military records show he was inducted into the Army of
the United States on 3 November 1966.  He completed basic combat training
at Fort Bliss, Texas, and his advanced individual training at Fort Sill,
Oklahoma.  After completing all required training, he was awarded the
military occupational specialty (MOS), 13A (Cannoneer).

4.  The applicant served in Vietnam from 30 August 1967 through 29 August
1968, with Howitzer Battery, 2nd Squadron, 11th Armored Cavalry Regiment.

5.  The applicant was honorably released from active duty, on 20 August
1968, under the provisions of Army Regulation (AR) 635-200, Chapter 5,
Section VII, early release of overseas returnee.  He was separated in the
rank and pay grade of Specialist Four, E-4.  On the date he was released
from active duty, he had completed 1 year, 9 months, and 27 days, active
military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the Good Conduct Medal and the National Defense
Service Medal.  No other awards, including the Purple Heart, are shown on
the applicant's DD Form 214.

7.  Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification
Record, is blank.  Item 41 (Awards and Decorations), of the DA Form 20,
shows the applicant had been awarded the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, two
overseas service bars, and the Good Conduct Medal.  These awards were not
transposed to the applicant's DD Form 214 on his release from active duty.

8.  There are no orders in the applicant's military personnel record
awarding him the Purple Heart and, the applicant's name does not appear on
the Vietnam Casualty List.

9.  While in Vietnam, the applicant participated in four campaigns of the
Vietnam War:  the Vietnam Counteroffensive, Phase III, which extended
from 1 June 1967 through 29 January 1968; the Tet Counteroffensive, which
extended from 30 January through 1 April 1968; the Vietnam
Counteroffensive, Phase IV, which extended from 2 April through 30 June
1968; and the Vietnam Counteroffensive, Phase V, which extended from 1
July through 1 November 1968.

10.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to, a subordinate unit of the United States Army
Vietnam (USARV), was awarded the Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by
Department of the Army General Orders (DAGO) Number 8, dated 1974.  This
unit award is not shown on the applicant's DD Form 214.

11.  AR 600-8-22 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.
12.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

13.  Item 29, Qualification in Arms, of the applicant's DA Form 20, show
the applicant qualified as marksman with the M-14 Rifle.  Item 41,of the
applicant's DA Form 20, shows he was awarded the Marksman Marksmanship
Qualification Badge, with Rifle Bar.  This marksmanship qualification badge
is not shown on the applicant's DD Form 214.

14.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence to show that the applicant was wounded
in action, that the wound required medical treatment, and the medical
treatment was made a matter of record.

2.  In the application submitted to the Board, the applicant believes he
was wounded between February and July 1968.  In the self-authored letter to
his MOC, the applicant states he was wounded sometime between February and
June 1968.  In this letter, he states that the event was not reported and,
"they weren't very good about paperwork on the front lines."

3.  The applicant's witness who provides a statement of support for the
applicant identifies himself as a sergeant in the unit, O***r L. J***s but,
he sent his e-mail from a "hotmail" account belonging to L***y A*****y.
This witness states that the applicant was wounded in June 1968.

4.  The inconsistencies between the statements that were written by the
applicant to his MOC and the statement written by his witness to the Board
are not credible. The criteria for award of the Purple Heart have not been
met.  The applicant is therefore not entitled to award of the Purple Heart
and to have it added to his DD Form 214.

5.  The applicant served in four campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with four
bronze service stars, and to have this award added to his DD Form 214.

6.  The applicant served in a unit that was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation.  This unit award is not shown on
his DD Form 214.  He is entitled to this unit award and to have it added to
his DD Form 214.

7.  The applicant was awarded the Marksman Marksmanship Qualification
Badge, with Rifle Bar.  This marksmanship qualification badge is not shown
on his DD Form 214.  He is entitled to have it added to his DD Form 214 at
this time.

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

__JH____  __RB____  _JM____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 by:

      a.  awarding the applicant the Vietnam Service Medal, with four
bronze service stars, and adding this award to his DD Form 214;

      b.  adding the already-awarded Republic of Vietnam Campaign Medal,
two overseas service bars, and the Marksman Marksmanship Qualification
Badge, with Rifle Bar, to the applicant's DD Form 214;

      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214.




                                  ______James Hise  ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006516                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY with NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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