RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         6 OCTOBER 2005
      DOCKET NUMBER:  AR20050006972


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. LaVerne Berry                 |     |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, in effect, that he deserves the award of the
Purple Heart due to his sustained injures.  Additionally, he maintains that
he did not receive the medals/ribbons listed on his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his Bronze Star Medal (BSM) and
honorable discharge certificates.  Additionally, he provides his self-
authored letter and two supporting letters from eye witnesses.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   7 July 1971, the date of his separation from active duty.
The application submitted in this case is dated 5 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 was inducted on 8 July 1969 for a period of two years.
After completion of basic and advanced individual training, he was awarded
military occupational specialty 11E (Armor Crewman).  He served in Vietnam
from the period 14 January 1970 through 7 December 1970 while assigned to
Troop A, 4th Squadron, 12th Cavalry of the 1st Infantry Brigade, 5th
Infantry Division.  The applicant was honorably discharged on 7 July 1971.

4.  In his self-authored statement, the applicant states there were severe
casualties sustained the night he received injuries in both hands and left
arm from slivers of fragmentation.  He maintains that at the time of his
injuries, he was feeling very “macho.”  Therefore, he did not put in for
the Purple Heart, even after being advised by his tank commander to do so.
The applicant recounts that he initially felt his injuries were less severe
in comparison to the others.  The applicant admitted that he now feels
foolish for not requesting the Purple Heart.  He said that his platoon
leader also admitted to him his oversight in reporting the applicant's
wounds.

5.  Additionally, the applicant states that he did not receive his Bronze
Star Medal.

6.  The supporting statement provided by the applicant’s former platoon
leader supports the applicant’s claim of injury during a hostile
engagement.  The platoon leader recalled that the applicant’s tank was
struck by an RPG-7 rocket.  The platoon leader said the applicant received
metal splinters to the fingers of both hands and was treated by the platoon
medic the following morning.  The platoon leader maintained that he should
have reported the incident at the time but, due to the immediate needs of
the platoon, the applicant’s condition became an oversight.

7.  The gunner provided a supporting statement for the applicant and
explained the incident that occurred on 8 April 1970.  He said that the
tank that he and the applicant were on was ambushed and took the brunt of
the assault.  The gunner described a fire that took place after the driver
dropped the barrel of the “coaxial mounted machine gun” on the floor and
set the wrapper of the new barrel on fire. The gunner maintained that the
applicant received shrapnel in his hands as a result of the fire fight.

8.  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 7 July 1971 does not show award of the Purple Heart.
The applicant authenticated this document at the time of his separation
from the Army.

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

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

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

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 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.

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

14.  The applicant's DD Form 214 does not list award of the Bronze Star
Medal.  A review of Vietnam general orders reveal that the 1st Infantry
Brigade, 5th Infantry Division failed to archive their general orders.
However, the certificate the applicant provided verifies that he received
this award as an end of the tour award while assigned in the Republic of
Vietnam.  The period of service is from January 1970 to January 1971.  The
award is dated 17 November 1970 and signed by the commanding general of the
brigade.

15.  The applicant's DD Form 214 does not list award of the Army
Commendation Medal (ARCOM).  The 1st Infantry Brigade, 5th Infantry
Division, General Order Number 1607, dated 2 September 1970, awards the
ARCOM to the applicant while assigned to Troop A, 4th Squadron, 12th
Cavalry, from 14 January 1970 to 13 June 1970.

16.  The applicant's DD Form 214 does not list awards of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm. The 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 Troop A, 4th Squadron, 12th Cavalry of the 1st Infantry Brigade,
5th Infantry Division to which the applicant was assigned, was cited for
award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm by
Department of the Army General Order Number 8, dated 1974.

17.  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 DD Form 214 shows award of the Vietnam Service Medal.  His
records also indicate that he participated in Vietnam Winter – Spring 1970
campaign but, no bronze service stars are listed.  His records also
indicate that he participated in the Department of the Army Sanctuary
Counteroffensive and Vietnam Counteroffensive Phase IIII.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he deserves the award of the Purple Heart
due to his sustained injures.

2.  The applicant's platoon leader states that the applicant’s injuries
were the results of his tank being struck by an enemy rocket.  The platoon
leader maintains that the applicant was treated by the platoon medic the
following morning.  The gunner said that the applicant received shrapnel to
his hands as a result of the fire fight.

3.  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.  The supporting letters, which were prepared
over 35 years after the alleged wounding incident, do not provide any
evidence sufficiently compelling to overcome the presumption of regularity.
 Therefore, in the absence of military records supporting the applicant's
contention, there is insufficient basis for award of the Purple Heart in
this case.

4.  Additionally, the applicant maintains that he did not receive the
medals or ribbons listed on his DD Form 214.

5.  Service medals and awards are not issued by the Army Board for
Correction of Military Records (ABCMR).  However, the applicant may obtain
his medals by submitting his request in writing to:  National Personnel
Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St.
Louis, Missouri  63132-5200.

6.  The BSM certificate is sufficient evidence to correct the applicant’s
record. Additionally, evidence of record shows that while the applicant was
assigned to Troop A, 4th Squadron, 12th Cavalry, he was awarded the ARCOM
and the unit was awarded the Republic of Vietnam Gallantry Cross with Palm
Unit Citation.  Therefore, the applicant is entitled to correction of his
records to show these awards.

7.  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.


8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 July 1971.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           6 July 1974.  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.

9.  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

__CG ___  __RD ___  __LB ___  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:  Bronze Star Medal; Army Commendation Medal; Republic of
Vietnam Gallantry Cross Unit Citation with Palm; and the Vietnam Service
Medal with three bronze service stars affixed.




                                  _____Curtis Greenway________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006972                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051006                                |
|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.                      |                                        |


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