RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 November 2006
      DOCKET NUMBER:  AR20060002823


      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             |
|     |Mrs. Phyllis M. Perkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Ms. Ernestine I. Fields           |     |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 and additional medals
he received while serving in the Republic of Vietnam.

2.  The applicant states that he received the Bronze Star Medal but did not
receive other medals from the war.

3.  The applicant provides a copy of a DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 September 1970, the date of his transfer to the United
States Army Reserve (USAR).  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 enlisted in the Regular Army on 31 August 1967 for a
period of three years.  He successfully completed basic and advanced
individual training and was awarded the military occupational specialty
(MOS) 11B2P (Light Weapons Infantryman).  He served in the Republic of
Vietnam during the period 15 April 1968 through 6 April 1969.

4.  The applicant was honorably released from active duty on 24 September
1970 and transferred to the USAR Control Group (Standby).






5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD 214 does not
show award of the Purple Heart.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show any entries for wounds received.  Item 41 (Awards and
Decorations) does not show the award of the Purple Heart.

7.  The applicant's service records contain a Standard Form 88 (Report of
Medical Examination), dated 18 September 1967, which was prepared at the
time of his separation from active duty.  This form does not show that the
applicant sustained wounds as a result of hostile action or show he was
treated for wounds sustained as a result of hostile action.

8.  There are no general orders in the applicant's service personnel
records that show he was awarded the Purple Heart.

9.  The applicant's name does not appear on the Vietnam Casualty Roster.

10.  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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

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

12.  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 2nd Battalion of the 503rd
Infantry, to which the applicant was assigned, was cited for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Order Number 51, dated 1971.




13.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.

14.  Department of Army Pamphlet 672-3 lists campaigns participated by
units during the Vietnam War.  This document shows that, during the
applicant's assignment in the Republic of Vietnam, he participated in the
Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V,
the Vietnam Counteroffensive Phase VI, and the Tet 1969 Counteroffensive.

15.  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 or in the Department of the Army Pamphlet
672-3 and states the authorized bronze service stars will be worn on the
appropriate service medal.

DISCUSSION AND CONCLUSIONS:

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

2.  There are no general orders that show the applicant was awarded the
Purple Heart.  There is no evidence in his service personnel records which
show that he was wounded or injured as a result of hostile action or
treated for such wounds.  The applicant's name is not listed on the Vietnam
Causality Roster.

3.  In the absence of evidence that the applicant was wounded or injured as
a result of hostile action and treated for those wounds, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

4.  General Orders show that the applicant is entitled to award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he
is entitled to correction of his records to show this foreign unit award.

5.  The applicant's DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in four campaigns during his assignment in the Republic of
Vietnam which are not correctly shown by award of four bronze service stars
for wear on his Vietnam Service Medal.  Therefore, the applicant is
eligible for award of four bronze service stars to be affixed to his
Vietnam Service Medal.



6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 September 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 23 September 1973.  Although the applicant did not
file within the ABCMR's statute of limitations, it is appropriate to waiver
failure to timely file based on the fact there is no statute of limitations
on requests for award of the Purple Heart.

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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_MKP___  _EF____  _RR _____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

2.  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.








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 by awarding the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and four bronze stars to be affixed to the Vietnam Service
Medal.





                                      _M. K. Patterson___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002823                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061109                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.015                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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