RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050008599


      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. Anita McKim-Spilker           |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 two Purple Hearts, the Air Medal, and
the Distinguished Service Cross.

2.  The applicant states that his awards were never added to his official
record because his unit lost the paperwork.  He further states that he was
wounded on two occasions; 12 October 1968, and again in 1969 (no specific
date indicated.)

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) with the effective date 27
October 1969 and DD Form 215 (Correction to 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 or injustice
which occurred on 29 September 1975, the date of his separation from active
duty.  The application submitted in this case is dated 1 June 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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely 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 has elected to conduct a substantive review of
this 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 Regular Army on
28 March 1968.  He was trained in, awarded, and served in military
occupational specialty (MOS) 11C40 (Infantry Indirect Fire Crewman).

4.  The applicant served in the Republic of Vietnam from 26 August 1968
through 27 October 1969, and the highest rank he attained while serving on
active duty was sergeant/pay grade E-5.  On 27 October 1969, he was
honorably transferred to the United States Army Reserve Control Group
(Annual Training).  On 22 July 1974, the applicant enlisted in the Regular
Army and was honorably retired on
29 September 1975.

5.  The applicant's record contains a DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) with the effective date 27
October 1969 and a DD Form 214 (Report of Separation from Active Duty) with
the effective date 29 September 1975.

6.  The applicant is requesting correction of his records, in part, to show
award of the Air Medal and Distinguished Service Cross.  There are no
orders or other evidence which shows the applicant was recommended for or
awarded the Air Medal or Distinguished Service Cross.  In the absence of a
proper authority for these decorations the applicant may request award of
the Air Medal and Distinguished Service Cross under the provisions of
Section 1130 of Title 10, United States Code.  The applicant has been
notified by separate correspondence of the procedures for applying for
these decorations under Section 1130 and, as a result, they will not be
discussed further in this Record of Proceedings.

7.  The applicant's DD Forms 214 do not show he was awarded the Purple
Heart.

8.  The DD Form 215 does not show award of the Purple Heart.

9.  There are no medical records in the available military personnel file
that show the applicant sustained wounds as a result of hostile action or
that show he was treated for wounds sustained as a result of hostile
action.

10.  There are no general orders in the applicant’s records to show he was
awarded the Purple Heart.

11.  The applicant's separation medical examination, dated 27 October 1969,
shows no wounds sustained as a result of hostile action.

12.  The applicant's name does not appear on the Vietnam Casualty Roster

13.  A Standard Form 93 (Report of Medical History), prepared at the time
of the applicant's reenlistment, shows he annotated "shrapnel wounds and
punji stick injury on 26 January 1969."  This report does not show he was
treated for wounds sustained as a result of hostile action.

14.  A Standard Form 513 (Consultation Sheet), dated 30 May 1975, shows the
applicant reported a history of shrapnel injury to the right hip in 1969.
This consultation sheet does not show he was treated for wounds sustained
as a result of hostile action.

15.  A Standard Form 502 (Narrative Summary), dated 15 July 1975, shows the
applicant reported a shrapnel wound to his right hip in 1968.  The military
doctor noted the absence of a scar.  This summary does not show the
applicant was treated for wounds sustained a result of hostile action.

16.  Records show the applicant previously requested the ABCMR award him
the Purple Heart.  On 9 September 1988, the ABCMR returned the applicant's
request for award of the Purple Heart without action because he failed to
provide sufficient evidence of wounds sustained as a result of hostile
action.  An accompanying advisory opinion from the Chief, Military Awards
Branch, stated the applicant's official record did not show he was treated
for wounds sustained as a result of hostile action and concluded he was not
entitled to award of the Purple Heart.

17.  The applicant submitted a one-page self-authored statement in which he
states he was wounded and was not awarded the Purple Heart.  The applicant
also submitted a computer excerpt of an unidentified medical
record/progress notes, dated 25 May 2005.  This document shows the
applicant reported a punji stick wound and a gunshot wound.  The medical
officer indicated the service medical records did not support the
applicant's report.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained while in
action against an enemy or 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
further states that there is no time limit on submission of requests for
award of the Purple Heart.

19.  Review of the applicant's record indicates entitlement to additional
awards and decorations that are not shown on his DD Form 214.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

21.  The applicant's records show he was awarded the Vietnam Service Medal.
 However, his DD Forms 214 do not show any bronze service stars indicating
campaign credit.  His records indicate he participated in the Vietnam
Counteroffensive Phase V, the Vietnam Counteroffensive Phase VI, TET 69
Counteroffensive, and the Vietnam Summer-Fall 1969.

22.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
due to injuries sustained on two separate occasions while in the Republic
of Vietnam.

2.  There are no general orders that show the applicant was awarded the
Purple Heart.  There is no evidence in his service personnel records which
shows he was wounded or injured as a result of hostile action or treated
for such wounds.

3.  In the absence of evidence that the applicant was wounded or injured as
a result of hostile action and treated for those wounds, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

4.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross With Palm Unit Citation which is not shown on his DD Form 214 or his
DD Form 215.  Therefore, he is entitled to have his records corrected to
show this foreign unit award.

5.  Evidence of record shows that the applicant participated in four
campaigns during his service in Vietnam.  Therefore, he is eligible for
award of four bronze service stars to be affixed on his Vietnam Service
Medal.

6.  Evidence shows the applicant should have discovered the alleged error
or injustice now under consideration on 29 September 1975; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on
28 September 1978.  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.

7.  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

__CD___  __KSJ__  __SLP____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that is 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 the 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 award of the Republic of Vietnam Gallantry Cross With
Palm Unit Citation and four bronze service stars to be affixed to his
Vietnam Service Medal.




                                     __Shirley L. Powell____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008599                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060108                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |                                        |
|1.107.0002              |                                        |
|2. 107.0017             |                                        |
|3  107.0018             |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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