RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 October 2006
      DOCKET NUMBER:  AR20060004388


      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. Patrick H. McGann, Jr.        |     |Chairperson          |
|     |Mr. David R. Gallagher            |     |Member               |
|     |Mr. Roland S. 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, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he served with the 1st Marine
Division, in Vietnam, on Hill 52, in support of 1st Armored Support.
Mortar fire was hitting them.  He was hit in the face and in the eyes.  He
was sent to Da Nang for medical treatment and for an eye patch for his
right eye.  He was in the hospital for between 7 and 10 days.  The sergeant
in the hospital told him he [the applicant] was going to get a Purple Heart
for being injured in combat.

3.  He states he is a Vietnam veteran and felt that no one cared.  No one
would give him medals for a war no one wanted.  He has just been granted
VA [Department of Veteran Affairs] benefits for his injuries.  He feels
now is the time for him to be seen.

4.  In support of his application, the applicant submitted a VA Form SBVA
1/PDF (untitled form).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 26 August 1971, the date of his release from
active duty.  The application submitted in this case is dated 13 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 3 September 1969.  He completed basic combat training at
Fort Ord, California, and his advanced individual training at Fort Knox,
Kentucky.  After completing all required training, he was awarded the
military occupational specialty (MOS), 11D (Armor Reconnaissance
Specialist).

4.  The applicant served in Vietnam from 19 September 1970 through 27
August 1971, with Battery B, 1st Battalion, 44th Artillery Regiment.

5.  The applicant was honorably released from active duty, on 26 August
1971, under the provisions of Army Regulation (AR) 635-200, early release
of overseas returnee.  He was separated in the rank/pay grade, Specialist
Four/E-4.  On the date he was released from active duty, he had completed 1
year, 11 months, and 24 days active military service, with no days lost.

6.  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 Army Commendation Medal; the National Defense Service
Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal;
the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar [M-14
Rifle], and one overseas service bar.  The Purple Heart is not shown on the
applicant's DD Form 214.

7.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20,
Enlisted Qualification Record, to show he received a wound in action
against a hostile force.

8.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, 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.  The applicant's name does not appear on the Vietnam Casualty List.

11.  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.

12.  While in Vietnam, the applicant participated in two campaigns:  the
Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970
through 30 June 1971; and the Consolidation I, which extended from 1 July
through 30 November 1971.

13.  The applicant's unit, a subordinate unit of the US Army, Vietnam,
(USARV) was cited for award of the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 20 July 1965 through 28 March
1973, awarded by DAGO 8, dated 1974.

14.  The applicant was awarded the First Class Marksmanship Qualification
Badge, with Grenade Bar, in paragraph 3, Special Orders 210, published by
Headquarters, First BCT (Basic Combat Training) Brigade, USATC (US Army
Training Center), Infantry, Fort Ord, California, on 30 October 1969.  This
marksmanship qualification badge is not shown on the applicant's DD Form
214.

15.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Machinegun Bar [M-60 Machinegun] in paragraph 7, Special Orders
216, published by Headquarters, 2d Advanced Individual Training Brigade, US
Army Training Center, Armor, Fort Knox, Kentucky, on 12 December 1969.
This marksmanship qualification badge is not shown on the applicant's DD
Form 214.

16.  AR 600-8-22 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:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) 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.

17.  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.

18.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

19.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.
DISCUSSION AND CONCLUSIONS:

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

2.  There is no evidence and the applicant provided none to show he was
wounded as a result of hostile action.  The applicant's records are void of
any indication he was wounded while he served in Vietnam.

3.  In his application, the applicant stated he was wounded, apparently
medically evacuated to a field or evacuation hospital and was hospitalized
for between 7 and 10 days for the injuries he allegedly received.  A search
of the Vietnam Casualty List failed to support his contention he was
wounded in action or hospitalized as a result of these alleged injuries.
In the absence of substantiating evidence he was wounded in action, 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 two campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with two
bronze service stars, and to have this award correctly shown on his
separation document.

5.  The applicant served in a unit subordinate to the USARV, which was
awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.
He was a member of the unit at the time the USARV was cited for this award.
 He is therefore entitled to this unit award and to have it added to his DD
Form 214.

6.  The applicant served in Vietnam for 12 months, counting the month of
his arrival in and the month of his departure from Vietnam as full months.
He is therefore entitled to award of two overseas service bars, as opposed
to the one overseas service bar now shown on his DD Form 214, and to have
these bars added to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 August 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 25 August 1974.  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

__PM___  __DRG__  __RSV__  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 and the one overseas service
bar from the applicant's DD Form 214;

      b.  awarding the applicant the Vietnam Service Medal, with two bronze
service stars, and two overseas service bars, and adding these awards to
his DD Form 214;

      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214;
and

      d.  adding the already-awarded First Class Marksmanship Qualification
Badge, with Grenade Bar; and the Sharpshooter Marksmanship Qualification
Badge, with Machinegun 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.




                            _____Patrick H. McGann, Jr.___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060004388                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061011                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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