RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050015826


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. William F. Crain              |     |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 the award of the Purple Heart for an accident
while in the Republic of Vietnam (RVN).

2.  The applicant states while serving in the RVN he was accidentally hit
by a Corps of Engineer 10-ton front-end loader which caused injuries to his
hip and back.  The applicant continues that while being medevac'd, the
helicopter he was being transported in crashed in Japan further
complicating his injuries.

3.  The applicant states that his commander offered him award of the Purple
Heart after witnessing the bruises on his body, however, he refused the
award because of embarrassment.  The applicant further states that he would
like the Purple Heart he was offered in the RVN for use as priority on his
Department of Veterans Affairs (VA) disability benefits claim for injuries
received in the accident in the RVN.

4.  The applicant concludes that if he had accepted the Purple Heart the
waiting time of 54 years for his disability benefits would not have been
necessary.

5.  The applicant provides a self-authored statement, his VA and civilian
medical records, 2 statements from friends and letters from previous
employers.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 October 1968, the date of his separation from active
duty.  The application submitted in this case is dated 5 August 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 records show that he was inducted on 19 January 1967.
He completed basic combat training and advanced individual training and was
awarded the military occupational specialty (MOS) 76A10 (Supply Clerk).
The applicant was assigned to the 661st Ordnance Company while in the RVN
during the period 14 December 1967 through 15 October 1968.  The applicant
was honorably separated from active duty on 25 October 1968.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) does
not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) is blank.

6.  There are no medical records available in the applicant’s official
military personnel file that shows he was involved in an accident while in
the RVN.

7.  The applicant’s name does not appear on the Republic of Vietnam
Casualty Roster.

8.  Army Regulation 672-5-1 (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 provides that there
are no time limitations or requests for awards of the Purple Heart.

9.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

10  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.

11.  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 unit to which the applicant
was assigned, 661st Ordnance Company, was cited for award of the
Meritorious Unit Commendation based on Department of the Army General
Orders Number 31, dated 1969.

12.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate he participated in the
Vietnam Counteroffensive Phase III, IV, V, and the TET Counteroffensive.

13.  Appendix B of Army Regulation 600-8-22 shows 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 award of the Purple Heart.

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 that he was wounded or injured as a result of hostile action or
treated for such wounds.  The applicant's name is not listed on the Vietnam
Casualty Roster.  In the absence of such evidence, there is insufficient
basis to grant award of the Purple Heart in this case.

3.  General Orders show the applicant was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Meritorious Unit
Commendation which is not shown on his separation document.  Therefore, he
is entitled to correction of his records to show two foreign unit awards.

4.  Records show that the applicant participated in the four campaigns
during his service in Vietnam.  Therefore, he is eligible for award of four
bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 October 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
24 October 1971.  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 are no time limitations on requests for award of
the Purple Heart.

6.  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

__wdp___  __mjnt__  __wfc___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that 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 award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, Meritorious Unit Commendation and four bronze service
stars for wear on his already awarded Vietnam Service Medal.



                                        William D. Powers
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015826                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0094                                |
|3.                      |107.0034                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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