RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050017512


      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. Allen Raub                    |     |Chairperson          |
|     |Ms. Laverne Douglas               |     |Member               |
|     |Ms. Peguine Taylor                |     |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 correction of his military records to show a
different name.  He also requests award of the Purple Heart.

2.  The applicant states, in effect, he changed his name twice after
leaving the Army.  He also contends he received the Purple Heart during
“Russell Beach” and that at the time of his separation the records clerk
insisted that a corrected copy of his DD Form 214 (Report of Transfer or
Discharge) with the Purple Heart would be forwarded to him within 90 days.

3.  The applicant provides a copy of his DD Form 214; a DD Form 215
(Correction to DD Form 214); two court documents changing his name; and a
photograph of a male with a scar on his right jaw.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
4 February 1970.  The application submitted in this case is dated 29
November 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 DD Form 4 (Enlistment Record) shows his name as Louis
R. G_____.  He enlisted on 13 February 1967 for a period of 3 years.  He
arrived in Vietnam on 29 March 1968.  He was assigned to Headquarters and
Headquarters Company, 5th Battalion, 46th Infantry of the 198th Infantry
(Light) Brigade in Vietnam from 2 April 1968 through 2 June 1968.  He was
assigned to Headquarters and Headquarters Company, 23rd Supply and
Transport Battalion, Americal Division in Vietnam from 3 June 1968 through
28 March 1969.  On
4 February 1970, the applicant was released from active duty.

4.  Item 1 (Last Name – First Name – Middle Name) on the applicant’s DD
Form 214 shows the same name as his enlistment record.  The applicant’s DD
Form 214 shows the National Defense Service Medal, the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal with Device 1960, and the
Combat Infantryman Badge as authorized awards.

5.  All of the applicant’s service personnel records show the same name as
his enlistment record.

6.  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.

7.  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.

8.  Records show the applicant participated in five campaigns during his
assignment in Vietnam.

9.  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 (23rd Supply
and Transport Battalion) was cited for the Meritorious Unit Commendation
for actions during the period 1 January 1968 to 31 August 1969 based on
Department of the Army General Orders Number 53, dated 1970.

10.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

11.  In support of his name change, the applicant provided court documents
which show he changed his entire name in 1973 and in 2003.

12.  Army Regulation 635-5 prescribes the separation documents prepared for
soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the Soldier's most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

13.  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.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant’s name is the same name used at
the time of his enlistment and release from active duty.  He did not change
his name until after he separated.

2.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  The data and information contained in those
records should actually reflect the conditions and circumstances that
existed at the time the records were created.  In the absence of a showing
of material error or injustice, this Board is reluctant to recommend that
those records be changed.

3.  While the Board understands the applicant's desire to have the records
changed, it finds no basis for compromising the integrity of the Army's
records.
However, a copy of this Board action will be filed in his military record
so a record of his new name will be on hand.

4.  Although the applicant contends that he received the Purple Heart,
there is no evidence in the available records which shows that the
applicant was wounded or injured as a result of hostile action.  Therefore,
there is insufficient evidence on which to base any award of the Purple
Heart in this case.

5.  The applicant participated in five campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
silver service star.

6.  The applicant’s unit (23rd Supply and Transport Battalion) was cited
for award of the Meritorious Unit Commendation while he was assigned to it.

7.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.
8.  Records show the applicant should have discovered the alleged errors
now under consideration on 4 February 1970; therefore, the time for the
applicant to file a request for correction of any error expired on 3
February 1973.  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.

9.  Evidence shows that the applicant’s records contain administrative
errors which do 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

AR_____  _LD_____  _PT_____  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 administrative errors in the records of the
individual concerned 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 Vietnam Service Medal with one silver
service star, the Meritorious Unit Commendation, and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.



                                  _Allen Raub___________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017512                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |107.0015                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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