RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20060002609


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette McCants              |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Rowland Heflin                |     |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 be added to his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

2.  The applicant states that the Purple Heart is not shown on his DD Form
214.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 March 1966.  The application submitted in this case is dated
8 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 was inducted into the Army on 18 March 1964.  He
completed basic combat training at Fort Gordon, Georgia and was reassigned
to Fort Benning, Georgia for advanced individual training (AIT).  At the
successful completion of AIT, he was awarded military occupational
specialty 11B (Light Weapons Infantryman).

4.  The applicant was assigned to Vietnam on 16 August 1965 with Troop A,
1st Squadron, 9th Cavalry, 1st Cavalry Division as a rifleman.

5.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification
Record) does not list any wounds as a result of hostile action in item 40
(Wounds).  His name is not included on the Vietnam Casualty Roster.

6.  The applicant departed Vietnam on 12 March 1966 and was credited with
participation in two campaigns.

7.  The applicant was released from active duty on 13 March 1966.  His DD
Form 214 shows he was awarded the Expert Marksmanship Qualification Badge
with Rifle Bar and the Vietnam Service Medal.
8.  Headquarters, Department of the Army General Orders Number 8, dated
1974, awarded all units which served in Vietnam the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

9.  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 that, at the time of the
applicant's assignment to the 1st Squadron, 9th Cavalry, this unit was
cited for award of the Presidential Unit Citation by Department of the Army
General Orders (DAGO) Number 40, dated 1967.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 1st Squadron, 9th Cavalry, this unit was
cited for award of the Valorous Unit Award by DAGO Number 37, dated 1970.

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic Vietnam Campaign Medal.  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.

13.  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.  There are no orders which authorize award of the Purple Heart to the
applicant.  His name is not listed on the Vietnam Casualty Roster.  There
are no medical documents which verify that the applicant was wounded or
injured as a result of hostile action.  Therefore, there is insufficient
evidence on which to base correction of his records to show award of the
Purple Heart.

2.  The applicant received credit for participation in two campaigns during
the Vietnam War.  Therefore, his DD Form 214 should be administratively
corrected to show two bronze service stars for wear on his Vietnam Service
Medal.

3.  The applicant was assigned to a unit during a period it was cited for
award of the Presidential Unit Citation and the Valorous Unit Award.
Later, all units in Vietnam were awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation by Headquarters, Department of the Army
General Orders Number 8, dated 1974.  Therefore, these awards should be
added to his DD Form 214.

4.  The applicant served a period of qualifying service for award of the
Republic of Vietnam Campaign Medal.  Therefore, this award should be added
to his DD Form 214.

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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 March 1966; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 12 March 1969.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file in this case based on the fact there is no statute of
limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JM______  SF______  RH______  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 should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show the Vietnam Service Medal with two bronze service stars,
the Presidential Unit Citation, the Valorous Unit Award, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of
Vietnam Campaign Medal.




                                  Jeanette McCants______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002609                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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