RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060002053


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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
for wounds suffered while serving in Vietnam in 1965.

2.  The applicant states, in effect, that it is unknown why his Purple
Heart in not listed in his DA Form 201 (Military Personnel Records Jacket).

3.  The applicant provides no additional documentation in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 May 1966, the date of his release from active duty.  The
application submitted in this case is dated 1 December 2005 but was
received on 9 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 show he was inducted on 1 June 1964,
for training as a signal supply and parts specialist (76G).  He served in
Vietnam from 4 October 1965 to 21 May 1966.  He was promoted to specialist
four (SP4/E-4) effective 17 November 1965.  He continued to serve until he
was honorably released from active duty on 21 May 1966.  He was transferred
to the U.S. Army Reserve (USAR).

4.  The applicant’s DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) shows he was awarded the Vietnam Service Medal,
the Marksman Marksmanship Qualification Badge with Rifle Bar, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle).
His DD Form 214 does not show any additional awards.




5.  There is no record that the applicant was awarded the Purple Heart.
There also is no evidence in his records to show he was wounded or treated
for wounds as a result of hostile action.  The applicant's medical records
are not available for review.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not
show an entry in item 40 (Wounds) and does not show the Purple Heart as an
entry in item 41 (Awards and Decorations).

7.  The applicant's name does not appear on the Vietnam Casualty List for a
wound received as a result of hostile action during the period 4 October
1965 to 21 May 1966.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against the enemy or
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.

9.  Army Regulation 600-8-22 prescribes Department of the Army policy,
criteria, and administrative instructions concerning military awards.  It
states, in pertinent part, that the National Defense Service Medal (NDSM)
is awarded for honorable active service for any period between 27 June 1950
and 27 July 1954, between 1 January 1961 to 14 August 1974, and between 2
August 1990 to 30 November 1995.

10.  Army Regulation 600-8-22 shows that while the applicant was assigned
to Vietnam he participated in two campaigns.  The regulation also provides
that a bronze service star is authorized for the Vietnam Service Medal for
participation in each campaign.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic of Vietnam Campaign Medal with “1960” Device.  This medal was
awarded by the Government of Vietnam to all members of the Armed Forces of
the United States for qualifying service in Vietnam during the period 1
March 1961 through 28 March 1973.  Qualifying service included assignment
in Vietnam for 6 months or more.  Qualifying service outside the
geographical limits of the Republic of Vietnam required the individual to
provide direct combat support to the Republic

of Vietnam and Armed Forces.  Individuals who had qualified for award of
the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were
evacuated prior to completing six months of service due to wounds resulting
from hostile action were entitled to award of the Republic of Vietnam
Campaign Medal with “1960” Device.

12.  Department of the Army Pamphlet 672-3 shows that the applicant's unit
was cited for award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, by Department of the Army General Order (DAGO) Number 8,
dated 1974, while he was assigned to the unit.

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.  Therefore, there is insufficient evidence upon which to
approve an award of the Purple Heart.

2.  The evidence of record shows that the applicant served a period of
qualifying service for award of the Republic of Vietnam Campaign Medal with
“1960” Device and the National Defense Service Medal; therefore, he is
entitled to correction of his records to show these awards.

3.  The applicant participated in two campaigns; therefore, he is entitled
to two bronze service stars to be affixed to the already-awarded Vietnam
Service Medal and correction of his records to show this award.

4.  The applicant's unit was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation at the time he was a member of the
unit.  Therefore, he is entitled to correction of his records to show this
unit award.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 May 1966, the date of his release
from active duty.  As a result, the time for the applicant to file a
request for correction of any error or injustice expired on 20 May 1969.
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.


6.  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

_LDS____  __AM___  ___PMS_  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 Campaign Medal with
“1960” Device, the National Defense Service Medal, the Vietnam Service
Medal with two bronze service stars, and the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.




                                  _____Linda D. Simmons______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002053                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19660521                                |
|DISCHARGE AUTHORITY     |AR 635-205                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY/with note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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