RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 September 2006
      DOCKET NUMBER:  AR20060002664


      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. Karl L. Briales               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla J. N. Troup             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show award of the
Bronze Star Medal (BSM) and Purple Heart (PH).

2.  The applicant states, in effect, his company commander recommended him
for award of the BSM and PH.  He adds that his First Sergeant told him he
would never get any disability compensation or benefits because he [First
Sergeant] would "mess with his records."  The applicant concludes by saying
his records contained about 125 pages when he was on active duty, but when
he received copies from the National Personnel Records Center (MPRC), St.
Louis, MO, his records contained only 25 pages.  He states he has been
trying for 35 years to get disability for Post-traumatic Stress Disorder
(PTSD).

3.  The applicant did not provide any additional documentary evidence in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 8 April 1968, the date of his separation from active
duty.  The application submitted in this case is dated 6 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 Board noted the applicant’s request for award of the Bronze Star
Medal.  The applicant's DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) does not list the Bronze Star Medal as an
authorized award.  There is no evidence that he was awarded or was
recommended for award of the Bronze Star Medal.  The applicant has not
exhausted the administrative remedy available to him under the provisions
of Section 1130, Title 10, United States Code.  He has been notified by
separate correspondence regarding submission of recommendations for award
of the Bronze Star Medal under this provision of law.  As a result, award
of the Bronze Star Medal requested by the applicant is not discussed
further in these proceedings.

4.  The applicant’s record show that he enlisted on 9 April 1962.  He
completed his basic combat training and advanced individual training and
was awarded the military occupational specialty (MOS) 171 (Clerk).  The
applicant served in Vietnam during the period 27 September 1966 through 27
September 1967 and was assigned to 2nd Transportation Company.  He was
honorably discharged from active duty on 8 April 1968.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not show that the applicant was awarded the PH.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) is blank.

7.  The applicant's name is not listed on the Vietnam Casualty Roster.

8.  There are no orders in the available records which show the applicant
was awarded the PH.

9.  There is no evidence in the available records which show that the
applicant sustained wounds as a result of hostile action or that he was
treated for wounds sustained as a result of hostile action.

10.  The applicant's Army Medical Records are not available for review.  It
appears they were loaned to the Department of Veterans Affairs (DVA)
Regional Office, Phoenix, AZ on 20 June 1984.  Once the medical records are
loaned to the DVA, they become the property of that agency.

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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also provides that there
are no time limitations or requests for awards of the Purple Heart.

12.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

13.  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 the unit to which the applicant
was assigned, 2nd Transportation Company, was cited for award of the
Meritorious Unit Commendation based on Department of the Army General
Orders (DAGO) 31, dated 1969, Republic of Vietnam Gallantry Cross with Gold
Star Unit Citation based on DAGO 24, dated 1972, and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation based on DAGO 8, dated
1974.

14.  The applicant's records show that he was awarded the Vietnam Service
Medal with one bronze service star indicating campaign credit.  The
applicant's records indicate he participated in the Vietnam
Counteroffensive Phase II and III.

15.  Appendix B of Army Regulation 600-8-22 shows the applicant
participated in two campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  There are no orders that show the applicant was awarded the Purple
Heart.  There is no evidence in his service personnel records, and the
applicant did not provide any evidence, which shows that he was wounded or
injured as a result of hostile action or treated for such wounds, and his
medical records are not available for review.  The applicant's name is not
listed on the Vietnam Casualty Roster.  In the absence of such evidence,
there is insufficient basis to grant award of the Purple Heart in this
case.

3.  General Orders show the applicant's unit was awarded the Meritorious
Unit Commendation, Republic of Vietnam Gallantry Cross with Gold Star Unit
Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation which are not shown on his separation document.  Therefore, he is
entitled to correction of his records to show these three unit awards.

4.  Records show that the applicant participated in the two campaigns
during his service in Vietnam.  Therefore, is eligible for award of two
bronze service stars to be affixed to his Vietnam Service Medal.



5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 April 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
7 April 1971.  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 are no time limitations on requests for award of
the Purple Heart.

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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mjnt__  __cad___  __eem___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely
file in this case.

2.  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 to show award of the Purple Heart.







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 to show:

      a.  Meritorious Unit Commendation.

      b.  Republic of Vietnam Gallantry Cross with Gold Star Unit Citation.

      c.  Republic of Vietnam Gallantry Cross with Palm Unit Citation

      d.  two bronze service stars to be affixed to his Vietnam Service
Medal.



                                        Marla J. N. Troup
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002664                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0034                                |
|3.                      |107.0094                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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