RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060004722


      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. James Anderholm               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |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, correction of his DD Form 214
(Report of Transfer or Discharge) for the period ending 24 September 1970
to show award of the Purple Heart.

2.  The applicant states that he received the Purple Heart for injuries
sustained in Vietnam on 23 November 1969; however, it is not cited on his
DD Form 214.

3.  The applicant provides a Clinical Record Coversheet, dated 18 December
1969; a copy of his DD Form 214; and a copy of his DA Form 2-1 (Personnel
Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 May 1988.  The application submitted in this case is dated
23 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 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 13 May 1968 for a period of 3 years.  He
served as a tractor crawler operator in Vietnam from 21 November 1968 to 12
December 1969.  The applicant’s records of assignments listed on his DA
Form 20 (Enlisted Qualification Record) are not legible. On 24 September
1970, the applicant was honorably discharged for immediate reenlistment.


4.  The applicant’s DD Form 214 for the period ending 24 September 1970
shows the National Defense Service Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal with Device 1960, and the Army
Commendation Medal 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 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 Clinical Record Cover
Sheet, dated 18 December 1969, which states he was accidentally injured on
23 November 1969 in Vietnam and sustained a laceration of his right
temporal parietal region.  This medical record also states that the
applicant was amnesic for details of the injury and that his last memory
before the accident was that he was taking tires off a 5-ton truck to
replace flat tires on another truck.

8.  The applicant reenlisted on 25 September 1970 and remained on active
duty through continuous reenlistments until he retired on 31 May 1988 in
the rank of sergeant first class.

9.  The applicant’s DD Form 214 for the period ending 31 May 1988 shows the
Army Commendation Medal with First Oak Leaf Cluster, the Meritorious
Service Medal, the Army Achievement Medal with First Oak Leaf Cluster, the
Good Conduct Medal (6th Award), the National Defense Service Medal, the
Army Service Ribbon, the Overseas Service Ribbon with Numeral “2,” the
Noncommissioned Officers Professional Development Ribbon, the Driver &
Mechanic Badge with W Bar, the Vietnam Service Medal with four bronze
service stars, the Republic of Vietnam Campaign Medal with Device 1960, and
the Expert Marksmanship Qualification Badge with Rifle Bar and Pistol Bar
as authorized awards.

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.  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.

DISCUSSION AND CONCLUSIONS:

1.  Medical evidence of record shows the applicant was accidentally injured
on 23 November 1969 in Vietnam, not as a result of hostile action.  There
is no evidence in the applicant's service personnel records which shows
that he was wounded or injured a result of hostile action in Vietnam.
Therefore, there is insufficient evidence on which to amend his DD Form 214
to show award of the Purple Heart.

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

3.  Records show the applicant should have discovered the alleged error now
under consideration on 31 May 1988; therefore, the time for the applicant
to file a request for correction of any error expired on 30 May 1991.
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.

4.  Evidence shows that the applicant’s records contain an 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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JA______  __ML____  ___TR__  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 Republic of Vietnam Gallantry Cross with
Palm Unit Citation.


                                  ___James Anderholm___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004722                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|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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