RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 October 2006
      DOCKET NUMBER:  AR20060000331


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. Stone               |     |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, in effect, that he be awarded the Purple Heart,
with oak leaf cluster, and the Arctic Circle Service Award and that these
awards be added to his DD Form 214, Armed Forces of the United States,
Report of Transfer or Discharge.

2.  The applicant states, in effect, that these awards were omitted from
his DD Form 214 through an administrative oversight that occurred on the
date of his release from active duty.

3.  The applicant provided no additional documents in support of his
application for the correction of his records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 21 June 1972, the date of his release from
active duty.  The application submitted in this case is dated 30 November
2005 but was received for processing on 6 January 2006.

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 limitation 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 into the Army of
the United States on 19 August 1970.  The majority of the applicant's
records are not available. They are believed to have been lost or
destroyed before the applicant's release from active duty.  Sufficient
information to address the applicant's request was available in his
report of transfer or discharge and other official Army documents.

4.  The applicant's DD Form 214 shows he served in Vietnam from 19 August
1971 through 20 January 1972.  A DA Form 2658 filed in his service records,
shows his medical records were in-processed into Company C, 23rd Medical
Battalion, 196th Infantry Brigade, 23rd Infantry Division, on 30 August
1971.  A DD Form 689, Individual Sick Slip, dated 21 October 1971, shows
the applicant
was assigned to Headquarters and Headquarters Company, 196th Infantry
Brigade.

5.  The applicant was honorably released from active duty, on 21 June 1972,
under the provisions of Army Regulation (AR) 635-200, Early Release of
Overseas Returnee.  He was separated in the rank, pay grade, Specialist
Four, E-4.  On the date he was released from active duty, he had completed
1 year, 10 months, and 3 days active military service, with no days lost.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal; the Vietnam
Service Medal; and the Republic of Vietnam Campaign Medal.  The Purple
Heart, with oak leaf cluster, and the Arctic Circle Service Award are not
shown on the applicant's DD Form 214.

7.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart or the Purple Heart, with oak leaf cluster,
or the Arctic Circle Service Award.

8.  The applicant's name does not appear on the Vietnam Casualty List.

9.  A review of medically-related documents on file in the applicant's
service personnel records revealed the following:

      a.  A DA Form 3555, Outpatient Medical Record, showing medical
authority examined the applicant while he was a student assigned to Company
B, the Quartermaster School Brigade, Fort Lee, Virginia.  The applicant was
referred to the US Kenner Army Hospital for evaluation.

      b.  A DA Form 3555, Outpatient Medical Record, dated 7 January 1971,
which refers the applicant to the surgical clinic for examination and
advice.


      c.  A Standard Form 513, Consultation Sheet, completed at Fort Lee,
Virginia, on 11 January 1971, which shows the applicant was examined and
was found to have swelling over the left medial mallealus.  The attending
physician diagnosed a probable ganglion cyst.  There is no evidence the
applicant had surgery.
d.  A DA Form 2658, Health Record – Abstract of Service, on file in the
applicant's medical records which shows he in-processed into the dental
clinic at Fort Wainwright, Alaska, on 5 February 1971.

      e.  A DA Form 2658 filed in his service records, shows his medical
records were in-processed into Company C, 23rd Medical Battalion, 196th
Infantry Brigade, 23rd Infantry Division, on 30 August 1971.

      f.  A DD Form 689, Individual Sick Slip, dated 21 October 1971, which
shows the applicant went on sick call for a problem he was experiencing
with his hand.  A Standard Form (SF) 600, Chronological Record of Medical
Care, was completed on the same date.  He was diagnosed as having a blister
on his right hand and a wart on his left hand.  The SF 600 shows he next
visited the medical clinic on 20 January 1972 complaining of a cough and
cold.  No other entries pertinent to any other medical treatment, in
particular treatment for any wound(s) he may have received while he served
in Vietnam were found in his medical records.

      g.  A 196th Infantry Brigade Form 33, Malaria Debriefing, showing the
applicant received a "Malaria Debriefing" and instructions on taking
Chloroquine-Primaquine anti-malaria tablets in preparation for his
departure from Vietnam on 12 Jan 72.

10.  The Board noted that in his application, the applicant did not provide
any details pertinent to the wounds for which he believes he is entitled to
award of the Purple Heart, with oak leaf cluster.

11.  Item 30 (Remarks), of the applicant's DD Form 214, shows the applicant
served in Vietnam from 19 August 1971 through 20 January 1972.  The
specific dates of the applicant's service in Alaska are not known; however,
it is known he arrived there on approximately 5 February 1971, the date his
medical records were in-processed into the dental clinic at Fort
Wainwright, and he departed there on a date before 19 August 1971, the date
he arrived in Vietnam.

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.
13.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Consolidation I, which extended from 1
July through 30 November 1971; the Consolidation II, which extended from 1
December 1971 through 29 March 1972; and the Vietnam Cease-Fire, which
extended from 30 March 1972 through 28 January 1973.

14.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and
Campaign Participation Credit Register, dated 29 January 1988, which
lists unit awards received by units serving in Vietnam, shows the unit
the applicant was assigned to:  Headquarters and Headquarters Company,
196th Infantry Brigade, 23rd Infantry Division, was awarded the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 1
April 1971 through 30 June 1971, by Department of the Army General Order
(DAGO) Number 6, dated 1974.  The applicant was assigned to this unit at
the time it was cited for this unit award.

15.  AR 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:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) the medical treatment must have been made a matter of official
record.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

16.  The Navy Arctic Service Ribbon is awarded to officers and enlisted
personnel of the U.S. Navy, U.S. Marine Corps or civilian citizens,
national or resident aliens of the U.S.  This award is given for 28-days,
consecutive or non-consecutive service above the Arctic Circle after 1
January 1982.  For personnel working at remote ice camps and divers working
under the ice, each day of duty will count as 2 days when determining award
eligibility.  No more than 1-day’s credit for flights in or out during any
24-hour period will be awarded and Marine Corps personnel undergoing annual
cold weather training above the Arctic Circle do not qualify for the 2 for
1 credit.

17.  The Antarctica Service Medal was established by Congress on 7 Jul
1960, for service on the Antarctic Continent or in support of US
operations there, subsequent to 01 Jan 1946.  Personnel eligible for
award of the Antarctic Service Medal includes:  US Armed Forces or
civilians who participate in scientific direct support or exploratory
operations on the Continent, US Armed Forces aircraft crews flying to and
from the Continent, and US Armed Forces ship crews operating south of
latitude sixty degrees South latitude, in support of US operations in
Antarctica
18.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

19.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

20.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, there must be substantiating evidence
to verify that the applicant was wounded, that the wound was the result of
hostile action, that the wound required medical treatment, and the medical
treatment was made a matter of official record.

2.  There is no substantiating evidence in the applicant's service
personnel records, and the applicant provided none, to show that he was
wounded, a first time or a second time, while he served in Vietnam.  The
applicant's name does not appear on the Vietnam Casualty Listing.

3.  The evidence shows the applicant received medical treatment while he
served in Vietnam; however, there is no evidence he was treated for a wound
received as a result of hostile enemy action.
4.  Based on a lack of substantiating evidence that he was wounded in
action in Vietnam, that the wound was the result of hostile enemy action,
and that he required medical treatment, the applicant is not entitled to
award of the Purple Heart or the Purple Heart, with oak leaf cluster, and
addition of these awards to his DD Form 214.

5.  The applicant participated in three campaigns while he served in
Vietnam.  He is therefore entitled to award of the Vietnam Service Medal,
with three bronze service stars, as opposed to the Vietnam Service Medal
now shown on his record of separation, and to have this award added to his
DD Form 214.

6.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation while he was a member of
the unit.  This unit award is not shown on his DD Form 214.  He is entitled
to this unit award and to have it added to his DD Form 214.

7.  The applicant served in Vietnam for 6 months, including the month of
his arrival in and the month of his departure from Vietnam.  He is
therefore entitled to award of one overseas service bar and to have this
bar added to his DD Form 214.

8.  In addition to his service in Vietnam, the evidence show the
applicant served at Fort Wainwright, Alaska.  The applicant is not
eligible for award of the Antarctica Service Medal or the Navy Arctic
Service Ribbon for his service at Fort Wainwright.

9.  The Arctic Circle Service Award the applicant requested be added to his
DD Form 214 is not recognized as an official Army award or decoration.
This award is not included in the Army's awards program and there is no
record the applicant served in a qualifying geographical area to merit
award of either the Navy Arctic Service Ribbon or the Antarctica Service
Medal.  Therefore, he is not entitled to have either of these two awards
added to his DD Form 214.

10.  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.
11.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 21 June 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 June 1975.  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

__KLW___  __SJS__  __TMR__  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.  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 should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with three
bronze service stars, to denote his Vietnam campaign participation credit,
and adding this award to his DD Form 214;

      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214;
and

      d.  awarding the applicant one overseas service bar and adding this
bar to his DD Form 214.




                                  ______Kenneth L. Wright____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060000331                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061003                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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