RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          22 December 2005
      DOCKET NUMBER:  AR20050006699


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McPherson            |     |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 he received the Purple Heart in Vietnam in 1967
while assigned to the 1st Battalion, 28th Infantry of the 1st Infantry
Division.  He contends he needs the Purple Heart for his records and the
Department of Veterans Affairs hospital.

3.  The applicant provides no evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 January 1977.  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 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 enlisted on 3 January 1967 for a period of 3 years.  He
served as a light weapons infantryman assigned to Company D, 1st Battalion,
28th Infantry of the 1st Infantry Division in Vietnam from 30 January 1967
through
30 June 1968.  On 17 December 1968, the applicant was released from active
duty.

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) for the
period ending 17 December 1968 does not show the Purple Heart as an
authorized award.

5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

7.   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 the applicant's unit is entitled
to award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation based on Department of the Army General Orders Number 53,
dated 1970.

8.  The applicant enlisted on 13 January 1971 for a period of 3 years.  He
was honorably discharged on 25 January 1971 for immediate reenlistment.

9.  The applicant’s DD Form 214 for the period ending 25 January 1971 does
not show the Purple Heart as an authorized award.

10.  The applicant enlisted on 26 January 1971 for a period of 6 years.  He
served as an indirect infantry fire crewman and was honorably discharged on

25 January 1977.

11.  The applicant’s DD Form 214 (Report of Separation from Active Duty)
for the period ending 25 January 1977 shows the National Defense Service
Medal, the Vietnam Service Medal with four bronze service stars, the
Vietnam Campaign Medal, the Army Commendation Medal, the Combat Infantryman
Badge, the Good Conduct Medal (2d Award), the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and the Expert Marksmanship Qualification
Badge with Rifle Bar as authorized awards.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends he received a Purple Heart in Vietnam
in 1967, there are no orders for the Purple Heart and there is no evidence
of record which shows he was wounded or treated for any injuries as a
result of hostile action in Vietnam.  Therefore, there is insufficient
evidence on which to award the Purple Heart in this case.

2.  The applicant's unit was cited for award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation while he was assigned
to it.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 25 January 1977; therefore, the time for the
applicant to file a request for correction of any error expired on 24
January 1980.  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.

4.  Evidence shows that the applicant’s records contain an 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

TK_____  RD______  _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 an 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 that he was awarded the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation on his DD Form 214 for the period
ending 25 January 1977.



            __Ted Kanamine________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006699                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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