RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 October 2006
      DOCKET NUMBER:  AR20060005508


      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. Patrick McGann                |     |Chairperson          |
|     |Mr. David Gallagher               |     |Member               |
|     |Mr. Roland 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 award of the Purple Heart.

2.  The applicant states that he was wounded in Vietnam in 1969 during a
rocket attack and the leg wound left a scar.  He contends that he asked the
medic not to report his wound because he felt it was more important to
return to his platoon than worry about the wound.

3.  The applicant provides no evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 January 1970.  The application submitted in this case is
dated 2 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 5 March 1968.  He arrived in Vietnam on
19 January 1969.  He served as a light weapons infantryman assigned to
Company A, 4th Battalion, 23rd Infantry of the 25th Infantry Division in
Vietnam from 26 January 1969 through 30 August 1969.  He was assigned to
Headquarters and Headquarters Company, 4th Battalion, 23rd Infantry of the
25th Infantry Division in Vietnam from 1 September 1969 through 13 January
1970.  On 18 January 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, the Combat Infantryman Badge, 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.  On 18 January 1970, the applicant underwent a separation physical
examination which makes no mention of any injuries or wounds sustained as a
result of hostile action in Vietnam.  Items 37 (Lower Extremities) and
39 (Identifying Body Marks, Scars, Tattoos) on his Standard Form 88 (Report
of Medical Examination) were rated as normal.

8.  Headquarters, 25th Infantry Division General Orders Number 10262, dated

8 August 1969, show the applicant received the Bronze Star Medal for
meritorious achievement during the period 1 May 1969 to 30 June 1969.

9.  Headquarters, 25th Infantry Division General Orders Number 14846, dated

29 November 1969, show the applicant received the Bronze Star Medal with
First Oak Leaf Cluster for meritorious service during the period January
1969 to January 1970.

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

11.  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 (4th
Battalion, 23rd Infantry) is entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 5, dated 1973,

12.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (4th Battalion, 23rd Infantry) 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.

13.  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.


14.  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.  Although the applicant contends that he was wounded in Vietnam in 1969
during a rocket attack, there is no evidence of record which shows that he
was injured or wounded as a result of hostile action in Vietnam.
Regrettably, there is insufficient evidence on which to base award of the
Purple Heart in this case.

2.  Orders show the applicant received the Bronze Star Medal with First Oak
Leaf Cluster.

3.  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.

4.  The applicant’s unit (4th Battalion, 23rd Infantry) was cited for award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to it.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 18 January 1970; therefore, the time for the
applicant to file a request for correction of any error expired on 17
January 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

PM_____  __DG___  _RV_____  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 Bronze Star Medal with First Oak Leaf
Cluster, the Vietnam Service Medal with four bronze service stars, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



                                  _Patrick McGann_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005508                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061011                                |
|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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