RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 October 2006
      DOCKET NUMBER:  AR20060005407


      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. John Infante                  |     |Chairperson          |
|     |Mr. Gerald Purcell                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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, in effect, that on 11 April 1970 the tip of his
right ring finger was severed as a result of action in a fire fight.  He
also contends that he received a head wound in Vietnam in June 1970 as a
result of incoming mortar rounds.

3.  The applicant provides a clinical record, dated 11 April 1970 and page
3 of his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
7 July 1970.  The application submitted in this case is undated; however,
the application was received in this office on 13 April 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 was inducted on 14 August 1968.  He arrived in Vietnam on

7 July 1969.  He served as a radar operator assigned to the 247th Field
Artillery Detachment in Vietnam from 11 July 1969 through 24 October 1969.
He was assigned to the 258th Field Artillery Detachment in Vietnam from 25
October 1969 through 6 July 1970.  On 7 July 1970, 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, and the Good Conduct 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 (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 clinical record,
dated 11 April 1970, which states that he fractured the end of his right
ring finger on 28 March 1970.  However, there is no evidence this injury
was the result of hostile action.

8.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

9.  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 (247th Field
Artillery Detachment) is entitled to award of the Meritorious Unit
Commendation for actions during the period 1 June 1968 to 30 September 1969
based on Department of the Army General Orders Number 39, dated 1970.

10.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (247th Field Artillery Detachment) 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 51, dated 1971.

11.  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.

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.

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 in the available records which show the applicant
was wounded or injured as a result of hostile action in Vietnam.
Contemporaneous medical evidence does not show that his fractured right
finger was the result of hostile action.  In the absence of orders or other
evidence of record showing that the applicant was injured or treated for
any wounds as a result of hostile action in Vietnam, the clinical record
provided by the applicant is not sufficient as a basis for an award of the
Purple Heart.  Regrettably, there is insufficient evidence on which to base
any award of the Purple Heart in this case.

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

3.  The applicant’s unit (247th Field Artillery Detachment) was cited for
award of the Meritorious Unit Commendation and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation while he was assigned
to it.

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

5.  Records show the applicant should have discovered the alleged error now
under consideration on 7 July 1970; therefore, the time for the applicant
to file a request for correction of any error expired on 6 July 1973.
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

JI______  __GP____  __KJ____  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 four bronze
service stars, the Meritorious Unit Commendation, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.



                                  ___John Infante_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005407                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061012                                |
|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]