RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 October 2006
      DOCKET NUMBER:  AR20060005460


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. Bernard P. Ingold             |     |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 his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge), does not show any
injury.  He was injured while clearing a field of fire for an ARVN (Army of
Vietnam) Compound outside of Long-Hi, Vietnam in 1968.  He woke up in the
hospital in Vietnam.  He was checking to see if he was entitled to a Purple
Heart.

3.  The applicant provides no additional documentation in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 September 1968.  The application submitted in this case is
dated 5 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's record shows he enlisted in the Regular Army on
14 February 1966.  The applicant successfully completed basic combat
training and advanced individual training at Fort Knox, Kentucky.  On
completion of his advanced training, he was awarded the military
occupational specialty (MOS), 62A, Heavy Equipment Operator.

4.  The applicant served in Vietnam from 1 September 1967 to 20 September
1968.  He was promoted to sergeant (SGT/E-5) effective 9 November 1967.  He
continued to serve until he was honorably released from active duty (AD) on
21 September 1968.  He was transferred to the U.S. Army Reserve (USAR). 

5.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal, and the Good Conduct Medal.  His DD Form 214 does not show any
additional awards. 

6.  There is no record that the applicant was awarded the Purple Heart. 
There also is no evidence in his records to show he was wounded or treated
for wounds as a result of hostile action.  The applicant's medical records
are not available for review.

7.  His DA Form 20 (Enlisted Qualification Record) does not show an entry
in item 40 (Wounds) and does not show the Purple Heart as an entry in item
41 (Awards and Decorations). 

8.  The applicant's name does not appear on the Vietnam Casualty List for a
wound received as a result of hostile action while serving in Vietnam
during the period 1 September 1967 to 20 September 1968.

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

10.  Army Regulation 600-8-22 shows that while the applicant was assigned
to Vietnam he participated in four campaigns.  The regulation also provides
that a bronze service star is authorized for the Vietnam Service Medal for
participation in each campaign.  

11.  Department of the Army Pamphlet 672-3 shows that the applicant's unit
was cited for award of the Meritorious Unit Commendation, by Department of
the Army General Orders (DAGO) Number 51, dated 1971, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number
2, dated 1971, while he was assigned to the unit.  This unit award is not
shown on the applicant's DD Form 214. 

12.  DA Pamphlet 672-3 shows that the applicant who was assigned to a unit
subordinate to the United States Army, Vietnam, was awarded the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20
July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.  This unit
award is also not shown on the applicant's DD Form 214.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart due
to an injury he sustained whiled clearing a field of fire for an ARVN
Compound while serving in Vietnam in 1968.  There is no evidence, and the
applicant has provided none, to show that he was wounded during combat or
was injured while serving in Vietnam in 1968.  

2.  There are no orders awarding the applicant the Purple Heart, he is not
listed on the Vietnam Casualty List, and there are no medical records
available to show that he was treated for a wound that he may have received
as a result of hostile action.  Therefore, based on the available evidence
presented, there is an insufficient basis upon which to approve award of
the Purple Heart.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam
Service Medal.  However, he participated in four campaigns and he is
therefore, entitled to four bronze service stars to be affixed to the
already-awarded Vietnam Service Medal.

4.  The applicant's unit was cited for award of 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, while he was a member of the unit.  Therefore, he is
entitled to correction of his records to show these unit awards.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 September 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

6.  Evidence shows that the applicant’s records contain 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

___A____  __JAM__  _BPI____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 for award of the Purple Heart.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of 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.




                                  ______James E. Anderholm_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005460                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061031                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680921                                |
|DISCHARGE AUTHORITY     |AR 635-200 . . . . .                    |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT/board note                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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