RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2006
      DOCKET NUMBER:  AR20060005478


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John Heck                     |     |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, award of the Purple Heart for a
gunshot wound he received.

2.  The applicant states that his records indicate he received only a
fractured left ankle but he also received a gunshot wound which caused the
fracture to his ankle and he did not receive the Purple Heart.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 October 1970.  The application submitted in this case is
dated 4 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 enlisted in the Regular Army on 29 November 1968 for a
period of three years.  He completed basic combat training and advanced
individual training (AIT) at Fort Leonard Wood, Missouri.  At the
completion of AIT, he was awarded military occupational specialty 51B
(Carpenter).

4.  The applicant was assigned to Vietnam on 2 December 1969 with
Headquarters and Headquarters Company, 20th Engineer Battalion as a light
vehicle driver.

5.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification
Record) does not list any wounds as a result of hostile action in item 40
(Wounds).  His name is not included on the Vietnam Casualty Roster.

6.  The applicant departed Vietnam on 10 February 1970 and was credited
with participation in one campaign.  His DA Form 20 shows he was medically
evacuated to the U.S. Army Hospital at Camp Zama, Japan on 18 February
1970.
7.  The applicant was discharged from active duty on 19 October 1970.  His
DD Form 214 shows he was awarded the National Defense Service Medal, the
Vietnam Service Medal, the Expert Marksmanship Qualification Badge with
Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle
Bar.

8.  Headquarters, Department of the Army General Orders Number 8, dated
1974, awarded all units which served in Vietnam the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

9.  Army Regulation 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 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, 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 are no orders which authorize award of the Purple Heart to the
applicant.  His name is not listed on the Vietnam Casualty Roster.

2.  The applicant contends that he received a gunshot wound that caused the
fracture to his ankle.  His Enlisted Qualification Record indicates he was
medically evacuated to the U.S. Army Hospital at Camp Zama, Japan.
However, there are no medical documents which verify that the applicant was
wounded or injured as a result of hostile action.  Therefore, there is
insufficient evidence on which to base correction of his records to show
award of the Purple Heart.

3.  The applicant received credit for participation in one campaign during
the Vietnam War.  Therefore, his DD Form 214 should be administratively
corrected to show one bronze service star for wear on his Vietnam Service
Medal.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation by Headquarters, Department of the Army
General Orders Number 8, dated 1974.  Therefore, this foreign unit award
should be added to his DD Form 214.

5.  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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 October 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 October 1973.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file in this case based on the fact there is no statute
of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

MT______  RR______  JH______  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 the Vietnam Service Medal with one bronze
service star and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.




                                  Marla Troup___________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060005478                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061026                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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