RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 October 2006
      DOCKET NUMBER:  AR20060003768


      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:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. David Gallagher               |     |Member               |
|     |Mr. Roland Venable                |     |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.

2.  The applicant states that on 22 October 1968 while on a patrol training
exercise in Vietnam, outside of the perimeter, his unit was ambushed and
hit by enemy fire and he was treated in the field.

3.  The applicant provides two service medical records, dated 22 October
1968 and 26 October 1968; a DD Form 214 (Report of Separation from Active
Duty); and three DD Forms 214 (Report of Transfer or Discharge) for the
periods ending 3 October 1973, 18 May 1968, and 18 May 1962.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 November 1978.  The application submitted in this case is
dated 16 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.  Having prior active and inactive service, the applicant enlisted in the
Regular Army on 14 May 1959 for a period of 3 years.  He served as a
military policeman and was honorably discharged on 18 May 1962 for
immediate reenlistment.  The applicant reenlisted on 19 May 1962 for a
period of 6 years.  He arrived in Vietnam on 6 April 1968 and was assigned
to the 545th Military Police Company. He reenlisted on 19 May 1968 for a
period of 6 years.  He served as a platoon sergeant assigned to the 545th
Military Police Company in Vietnam until 2 April 1969.  He served as a
platoon sergeant assigned to Company A, 716th Military Police Battalion in
Vietnam from 4 February 1971 through 9 January 1972.  On
3 October 1973, the applicant was honorably discharged for immediate
reenlistment.

4.  The applicant’s DD Form 214 for the period ending 3 October 1973 shows
the Good Conduct Medal (4th Award), the Army Commendation Medal, the
National Defense Service Medal with First Oak Leaf Cluster, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the
Bronze Star Medal with First Oak Leaf Cluster, the Air Medal, and four
awards of the Overseas Service 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 service medical
record, dated 22 October 1968, which states he was treated for a head wound
sustained by “Friendly frag [fragment].”

8.  Records show the applicant participated in seven campaigns during his
assignments in Vietnam.

9.  The applicant reenlisted on 4 October 1973 and remained on active duty
through continuous reenlistments until he retired on 30 November 1978 in
the rank of master sergeant.

10.  The applicant’s DD Form 214 for the period ending 30 November 1978
shows the National Defense Service Medal with First Oak Leaf Cluster, the
Army Commendation Medal, the Good Conduct Medal with Silver Clasp – one
Loop, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal
with Device 1960, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Air Medal, the Bronze Star Medal with First Oak Leaf Cluster,
and four awards of the Overseas Service Bar as authorized awards.

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, and the medical treatment must have been made a matter of
official record.   The regulation also states that individuals wounded or
killed as a result of "friendly fire" in the "heat of battle" will be
awarded the Purple Heart as long as the "friendly" projectile or agent was
released with the full intent of inflicting damage or destroying enemy
troops or equipment.

12.  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.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant contends that he was ambushed and hit by enemy fire
on
22 October 1968 in Vietnam he does not meet the criteria for award of the
Purple Heart based on friendly fire.

2.  The medical evidence of record provided by the applicant states that he
was injured by “Friendly frag.”  However, this medical evidence appears to
be insufficient to show he was injured as a result of hostile action.
Therefore, there is insufficient evidence on which to base award of the
Purple Heart in this case.

3.  The applicant participated in seven campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
silver service star and two bronze service stars.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 30 November 1978; therefore, the time for the
applicant to file a request for correction of any error expired on 29
November 1981.  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.

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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

PM_____  _DG_____  __RV____  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 an administrative error 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 one silver
service star and two bronze service stars.




                                  __Patrick McGann______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003768                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061011                                |
|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.                      |                                        |


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