RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            08 JUNE 2006
      DOCKET NUMBER:   AR20050015083


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Scott Faught                  |     |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 that he be awarded the Purple Heart.

2.  The applicant states that he received a stab wound to the left leg
during an armed conflict and should have been awarded the Purple Heart.

3.  The applicant provides a copy of his report of separation (DD Form
214), a copy of his Bronze Star Medal (BSM) Certificate, a newspaper
article, and copies of five letters he sent to his mother and father while
stationed in Vietnam.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 August 1969.  The application submitted in this case is
dated 11 October 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.  He was commissioned as a United States Army Reserve (USAR) second
lieutenant on 4 August 1967.  He was ordered to active duty on 19 August
1967 and was transferred to Fort Sill, Oklahoma, to undergo the basic field
artillery officer basic course.

4.  He completed his training and was transferred to Fort Bragg, North
Carolina, where he remained until he was transferred to Vietnam on 14
February 1968, for duty as a forward observer with A Battery, 2nd
Battalion, 321st Artillery Regiment.  He was promoted to the rank of first
lieutenant (1LT) on 19 August 1968.

5.  He departed Vietnam on 27 February 1969 and was transferred back to
Fort Bragg, where he remained until he was honorably released from active
duty (REFRAD) on 18 August 1969 and was transferred to the USAR Control
Group (Annual Training).  He had served 2 years of total active service and
his DD Form 214 issued at the time of his REFRAD indicates that he was
awarded the National Defense Service Medal (NDSM), the Vietnam Service
Medal (VSM), the Republic of Vietnam Campaign Medal (RVNCM) with “1960”
Device, the BSM, the Army Commendation Medal (ARCOM), the Air Medal (AM),
the Parachutist Badge, and 2 Overseas Bars.

6.  A review of the available records and the Vietnam Casualty Listing
fails to show that he was wounded or injured in Vietnam as a result of
enemy action.

7.  Army Regulation 600-8-22 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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that the medical treatment was made a matter of
official record.

8.  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 was awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor
Medal – First Class (RVNCAHM-FC) Unit Citation, and the Valorous Unit Award
(VUA) for the period he was assigned to the unit.  Additionally, he
participated in four campaigns while in Vietnam and thus is entitled to be
awarded four bronze service stars for wear on his already-awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was wounded/injured during an armed
conflict and the supporting documents presented have been noted.  However,
he has failed to show through the evidence submitted or the evidence of
record, sufficient evidence to establish that he was injured as a result of
enemy action and that he received treatment for that injury.

2.  The fact that he was injured during an armed conflict is not in itself
a basis for award of the Purple Heart.  Therefore, lacking evidence to show
that his injury/wound was the result of enemy action and that the treatment
was made a matter of record, there is no basis to award him the Purple
Heart at this time.

3.  However, the evidence of record does establish that the applicant is
entitled to awards of the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit
Citation, the VUA, and four bronze service stars for wear on his already-
awarded VSM to denote his campaign participation.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 August 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 17 August 1972.  The applicant did not file within the
3-year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____RD _  ___JR___  ___SF __  DENY APPLICATION / WITH NOTE

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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.





3.  The Board determined that administrative error 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 by awarding him the RVNGC w/Palm Unit Citation, the
RVNCAHM-FC Unit Citation, the VUA, and four bronze service stars for wear
on his already-awarded VSM, and to have his records corrected to reflect
those awards.





                                  ______Richard Dunbar_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015083                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060608                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19690819                                |
|DISCHARGE AUTHORITY     |AR 635-100, CH 3, Sec XIV               |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(DENYW/NOTE)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0094              |140/RVNGC                               |
|3.107.0095              |141/RVNCAHM                             |
|4.107.0033              |79/VUA                                  |
|5.                      |                                        |
|6.                      |                                        |


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