RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 October 2006
      DOCKET NUMBER:  AR20060001726


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Patrick H. McGann, Jr.        |     |Chairperson          |
|     |Mr. David R. Gallagher            |     |Member               |
|     |Mr. Roland S. Venable             |     |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 item 24 (Decorations and
Awards), of his DD Form 214 (Report of Transfer or Discharge), be corrected
to show that he was awarded the Purple Heart.

2.  The applicant states, in effect, that his DD Form 214 fails to show
that he was awarded the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 and a copy of an award
certificate awarding him the Purple Heart, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 October 1969, the date of his release from active duty.  The
application submitted in this case is dated 27 December 2005 but was
received for processing on 2 February 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’s military records for the period 11 October 1967 to
10 October 1969 are not available to the Board.  This case is being
considered using his   DD Form 214 and other available resources.

4.  The applicant’s DD Form 214 shows he was inducted on 11 October 1967,
for training as a light weapons infantryman (11B).  He served in Vietnam
for 11 months and 29 days.  He was promoted to sergeant (SGT/E-5) effective
26 March 1969.  He continued to serve until he was released from active
duty on 10 October 1969.  He was transferred to the U.S. Army Reserve
(USAR).  He continued to serve in the USAR until he was honorably
discharged on 9 July 1973, for enlistment in the Maine Army National Guard
(MEARNG).


5.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal with Device 1960, the Parachute Badge,
the Army Commendation Medal with "V", the Army Commendation Medal, the Air
Medal, and the Bronze Star Medal.   His DD Form 214 does not show any
additional awards.

6.  The applicant provided an award certificate which shows that he was
awarded the Purple Heart for wounds received in action on 17 September 1968
while serving in Vietnam.

7.  The applicant's name does not appear on the Vietnam Casualty List for a
wound received as a result of hostile action on 17 September 1968.

8.  The applicant's medical records are unavailable for review.

9.  Item 12 (Last Duty Assignment or Major Command), of his DD Form 214,
shows he was assigned to Company A, 2nd Battalion, 508th Infantry Regiment.

10.  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 the
result of hostile action, the wound must have required treatment, and 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.

11.  The evidence shows the applicant was awarded the Vietnam Service
Medal.  Given that he was awarded this service award, it is apparent that
he served in a unit that was subordinate to the United States Army Vietnam
(USARV).

12.  DA Pamphlet 672-3 shows that the applicant who was assigned to a unit
subordinate to the United States Army, Vietnam, was awarded the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20
July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.  This unit
award is also not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders officially awarding the applicant the Purple Heart,
he is not listed on the Vietnam Casualty List, and there are no medical
records available to show that he was treated for a wound as a result of
hostile action.

2.  Notwithstanding the absence of orders for the Purple Heart, the award
certificate presented by the applicant, by itself, is insufficient evidence
in this case to show that the applicant was awarded the Purple Heart for
wounds received in action on 17 September 1968, while serving in Vietnam.
Therefore, he is not entitled to correction of his records to show the
Purple Heart.

3.  The evidence of record shows that the applicant served in Vietnam for
11 months and 29 days and was awarded the Vietnam Service Medal and the
Republic of Vietnam Campaign Medal with Device 1960.  However, the remarks
section of his DD Form 214 failed to show the "to and from" dates for his
service in Vietnam.

4.  It is apparent that the applicant may have participated in one or more
campaigns during his service in Vietnam.  However, without his exact dates
of service in Vietnam, the Board is unable to award him campaign
participation credit or to award him the appropriate service stars in the
appropriate number to denote his campaign participation credit to be
affixed to his already awarded Vietnam Service Medal.

5.  The evidence of record shows that the applicant was awarded the Vietnam
Service Medal and given that he was awarded this award, it was apparent
that he had served in a unit that was subordinate to USARV.  That unit was
entitled to the award of the Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation, by DAGO Number 8, dated 1974.  Therefore, he is
entitled to this unit award and to have it added to his DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 October 1969.  As a result, the
time for the applicant to file a request for correction of any error or
injustice expired on 9 October 1972.  The applicant did not file within the
ABCMR's 3-year statute of limitations.  However, since award of the Purple
Heart is not governed by a statute of limitations, it is appropriate to
waive failure to timely file in this case.

7.  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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__PM___  __DRG__  __RSV___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 for award of the Purple Heart.

2.  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.




                                  _____Patrick H. McGann, Jr.____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001726                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061011                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19691010                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY/GRANT PAR RELIEF                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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