RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      17 October 2006
      DOCKET NUMBER:  AR20060004091


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland C. 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, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that in Vietnam he was in a holding
company to see where he would be sent and three hours later they were in a
mortar attack for three hours.  He had fragmentation wounds in his chest.

3.  In support of his application, the applicant submits no additional
documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 17 February 1968, the date of his release from
active duty.  The application submitted in this case is dated 9 March 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 limitation 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’s records show he was inducted into the Army of the
United States on 23 February 1965.  He completed basic combat training at
Fort Jackson, South Carolina, and his advanced individual training at
Fort Benning, Georgia.  On completion of his training, he was awarded the
military occupational specialty (MOS), 640.00 (Light Truck Driver).  It
was later established that the applicant had served as a member of the
Pennsylvania Army National Guard and had served on active duty for
training and had been awarded the MOS 941.00 (Cook).

4.  On 28 February 1966, the applicant was honorably discharged for the
purpose of immediate reenlistment.  On 1 March 1966, he reenlisted for 6
years for assignment to and duty in the Republic of Vietnam.

5.  The applicant served in Vietnam from 10 April 1966 through 6 April
1967.  On his arrival in Vietnam, he was assigned to the 93rd Evacuation
Hospital for duty as a light vehicle driver.  On 14 December 1966, he was
reassigned to the 228th Supply and Service Company and continued to perform
the duties of a light vehicle driver.

6.  The applicant was honorably released from active duty, on 17 February
1968, under the provisions of Army Regulation (AR) 635-200, for hardship
reasons.  He was separated in the rank/pay grade, Specialist Four/E-4.  On
the date he was released from active duty, he had completed a total of 4
years, 6 months, and 9 days active military service (including his Army
National Guard active duty for training service), with no days lost.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
Armed Forces of the United States, Report of Transfer or Discharge, shows
he was awarded:  the National Defense Service Medal; the Vietnam Service
Medal; the Republic of Vietnam Campaign Medal; and two overseas service
bars.  The Purple Heart is not shown on his DD Form 214.

8.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing he was
awarded the Purple Heart.

9.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.

10.  On a date prior to 4 April 2005, the applicant sought the assistance
of his Member of Congress (MOC) concerning his desire to obtain award of
the Purple Heart for injuries he allegedly received in Vietnam during his
service.  After an extensive search of records and documents, to include
historical casualty records for the Vietnam era, it was determined by the
US Army Human Resources Command, Alexandria, Virginia, there was no record
of his having been wounded in action by an armed enemy.  The applicant's
MOC was notified in a letter written by officials of the US Army Human
Resources Command on 11 May 2005.

11.  As a result of the above inquiry, it was determined the applicant was
entitled to award of the Army Good Conduct Medal; the Meritorious Unit
Commendation, with oak leaf cluster; and the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation.  A DD Form 215, Correction to DD Form 214,
was prepared to add these awards to his DD Form 214 on 11 May 2005.

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

13.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Vietnam Counteroffensive, which extended
from 25 December 1965 through 30 June 1966; and the Vietnam
Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May
1967.

14.  The applicant's DA Form 20, in Item 29 (Qualification in Arms), shows
the applicant earned the Marksman Marksmanship Qualification Badge, with
Rifle Bar [M-14 Rifle], on 17 April 1966.  This marksmanship qualification
badge is not shown on his DD Form 214.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.

16.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be
presented to show that the Soldier was wounded as the result of hostile
action, the wound must have required treatment, and the medical treatment
must have been made a matter of official record.

2.  The evidence shows that an extensive search of records and documents,
to include historical casualty records for the Vietnam era was conducted.
The US Army Human Resources Command determined there was no record of his
having been wounded in action by an armed enemy.  The applicant's MOC
was notified in a letter written by officials of the US Army Human
Resources Command on 11 May 2005.

3.  Based on the evidence in this case, the applicant is not entitled to
award of the Purple Heart and to have it added to his DD Form 214.
4.  The applicant served in three campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with three
bronze service stars, as opposed to the Vietnam Service Medal now shown on
his DD Form 214.

5.  The applicant earned the Marksman Marksmanship Qualification Badge,
with Rifle Bar.  This badge is not shown on the applicant's DD Form 214.
He is entitled to have this badge added to his DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 February 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 16 February 1971.  Although the applicant did not file
within the ABCMR's 3-year 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___J____  __PF____  __RCH _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with three
bronze service stars, and adding this award to his DD Form 214; and

      c.  adding the already-awarded Marksman Marksmanship Qualification
Badge, with Rifle Bar, to the applicant's DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart to the applicant and its addition to his DD Form
214.




                            _____John T. Meixell_____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060004091                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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