RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20060002826


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jerome Pionk                  |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he suffered a grenade wound while in Vietnam.  He
states, in effect, while getting rid of surplus equipment prior to his unit
standing down and going to DaNang, bullets, which were in a box of
dressings thrown on a fire, began to fire off.  He suspected that the
locals hired to help with this task had deliberately hidden the bullets in
the box of dressings.  As he took cover, a grenade in the box also exploded
and he received a shrapnel wound to his left shoulder.  He also states he
was taken to the hospital and treated for his wound.

3.  The applicant provides a copy of his DD Form 214 and a Department of
Veterans Affairs (DVA) Rating Decision, dated 23 March 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 June 1972.  The application submitted in this case is dated
14 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 on 29 October 1969 for a period of 3 years.  He
arrived in Vietnam on 29 March 1971.  He served as a medical specialist
assigned to Headquarters and Headquarters Company, 27th Engineer Battalion
in Vietnam from 7 April 1971 through 4 January 1972.  On 30 June 1972, the
applicant was released from active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, the Good Conduct Medal, and the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar as authorized awards.

5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

7.  In support of his claim, the applicant provided a DVA Rating Decision,
dated 23 March 2004, which states that service connection for residuals of
shell fragment wound, left shoulder, with retained foreign body was granted
with an evaluation of 0 percent.  This rating decision also states, in
pertinent part, that “Service Medical Records confirm that you were treated
in December 1971 for a shrapnel wound of the upper left back near the area
of the scapula (shoulder blade).  The wound was cleaned and dressed with
dry sterile dressings.  No complications were noted.”  There is no evidence
that this injury was the result of hostile action.

8.  There are no service medical records available.

9.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

10.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

11.  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 applicant's unit is entitled
to award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation based on Department of the Army General Orders Number 6,
dated 1974.

12.  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.  The regulation also states that when contemplating an
award of this decoration, the key issue that commanders must take into
consideration is the degree to which the enemy caused the injury.

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 is no evidence of record which shows that the applicant was
wounded or treated for any injuries as a result of hostile action in
Vietnam.  In the absence of orders or other evidence of record showing that
the applicant was injured or treated for wounds as a result of hostile
action, the DVA Rating Decision provided by the applicant is not sufficient
as a basis for award of the Purple Heart.  Therefore, there is insufficient
evidence on which to base an award of the Purple Heart in this case.

2.  The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

4.  The applicant’s unit was cited for award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation while he was assigned
to it.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 30 June 1972; therefore, the time for the applicant
to file a request for correction of any error expired on 29 June 1975.
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 is no statute of limitations on requests for award of the Purple
Heart.

6.  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.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

LS_____   JM____  __JP____  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 concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned
to show that he was awarded the Vietnam Service Medal with three bronze
service stars, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.



                                  ___Linda Simmons______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002826                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]