RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20060001555


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. James Hastie                  |     |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 the Purple Heart.

2.  The applicant states he was wounded near Long Binh, Vietnam on 24 May
1967.

3.  The applicant provides copies of service medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 August 1967.  The application submitted in this case is
dated 11 May 2005; however, was not received until 31 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 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 enlisted on 11 June 1964 for a period of 3 years.  He
served as a stevedore assigned to the 561st Transportation Company in
Vietnam from
3 October 1966 until he was injured on 24 May 1967 and transferred to the
United States on 3 June 1967 for further medical treatment.  On 28 August
1967, the applicant was released from active duty.

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the
National Defense Service Medal, the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal with Device 1960, the Good Conduct Medal, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized
awards.

5.  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.

6.  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.

7.  A clinical record, dated 1 June 1967, states the applicant was
accidentally injured on 24 May 1967 near Long Binh, Vietnam by an unknown
person.  He sustained a gunshot wound to his mandible.

8.  Item 30 (Details of Accident) on a DA Form 2173 (Statement of Medical
Examination and Duty Status), dated 12 August 1967, states in pertinent
part, that the applicant was on an authorized pass from his unit and while
returning from his pass, the vehicle in which he was riding became
inoperable.  As the applicant observed the vehicle operator attempting to
repair the vehicle, an unidentified Vietnamese national grabbed the
applicant’s camera and ran down a street and into an alley.  As the
applicant attempted to apprehend him, the thief shot the applicant in his
lower jaw with a small caliber pistol.

9.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

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.  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.  The regulation also states that accidents, to include
explosive, aircraft, vehicular, and other accidental wounding not related
to or caused by enemy action are examples of injuries or wounds which
clearly do not qualify for award of the Purple Heart.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  Medical evidence of record shows the applicant was accidentally injured
on
24 May 1967 when he was shot by an unidentified Vietnamese national who
stole his camera, not as a result of hostile action.  He is not listed on
the Vietnam Casualty Roster.  There is no evidence in the applicant's
service personnel records which shows that he was wounded or injured a
result of hostile action in Vietnam.  Therefore, there is insufficient
evidence on which to base award of the Purple Heart in this case.

2.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 28 August 1967; therefore, the time for the
applicant to file a request for correction of any error expired on 27
August 1970.  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.

5.  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

JA_____  __DD___  __JH_____  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 two bronze
service stars and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.




                                  _James Anderholm________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001555                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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