RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060005771


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Mr. David W. Tucker               |     |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.

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) should show he received
the Purple Heart so that he can receive medical benefits.  He believes his
records are located at the Detroit Regional Office.

3.  The applicant provides copies of his DD Form 214 and his Department of
Veterans Affairs (VA) Rating Decision in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 August 1969, the date of his separation from active
duty.  The application submitted in this case is dated 12 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 military records show that he was inducted in the Army
on 1 December 1967.  He completed his training and was assigned military
occupational specialty 11B, light weapon infantryman.

4.  His records show that he served in the Republic of Vietnam from
27 October 1968 through 28 August 1969 with the Company C, 2nd Battalion,
1st Infantry, 196th Infantry Brigade for 4 campaigns.

5.  His records also contain General Orders Number 4361, dated 27 May 1969,
that show he was awarded the Bronze Star Medal with "V" device for heroism
in connection with military operations against a hostile force on 22 March
1969 in the Republic of Vietnam.  General Orders Number 7069, dated 26 July
1969, also shows he was awarded the Bronze Star Medal with oak leaf cluster
and with


"V" device for heroism in connection with military operations against a
hostile force on 24 May 1969 in the Republic of Vietnam.  The orders do not
show the applicant was wounded as a result of his actions on 22 March 1969
and 24 May 1969.

6.  His records further contain General Orders Number 9336, dated
12 September 1969, that show he was awarded the Bronze Star Medal (Second
Oak Leaf Cluster) for meritorious service in connection with military
operations against a hostile force from October 1968 to October 1969.

7.  He was separated from active duty for school release, in pay grade E-6
(temporary), on 30 August 1969 and was transferred to the United States
Army Reserve (USAR) Control Group (Annual Training).

8.  Entries on his DD Form 214 do not show award of the Bronze Star Medal
with oak leaf cluster and with "V" device, the Bronze Star Medal with
second oak leaf cluster, and the Purple Heart.  Item 24 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of his DD Form 214 lists the following awards:  the National
Defense Service Medal, the Sharpshooters Marksmanship Qualification Badge
with M-14, the Marksman Marksmanship Qualification Badge with M-16, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Bronze
Star Medal, and two Overseas Service Bars.

9.  There are no orders in the applicant’s service personnel records that
show he was awarded the Purple Heart.  There is also no evidence in his
records that he was wounded or treated for wounds as a result of hostile
action.  His DA Form 20 does not show any entry in item 40 (Wounds) or list
the Purple Heart in item 41 (Awards and Decorations).  The Vietnam Casualty
Roster does not show the applicant’s name.  There are no medical treatment
records available to show how or when he might have been wounded or
injured.

10.  The applicant submits his VA Rating Decision, dated 9 February 1970,
which shows he applied for service-connected benefits and an evaluation for
a shrapnel wound, left forearm; cephalgia; tumor; and hook-worm.  He
received zero percent rating for the fragment, left forearm; cephalgia;
tumors, benign, right thigh; and hook-worms.  He was granted service
connection for headaches in view of his history of a head injury at the
time of his discharge.

11.  He was discharged from the USAR on 1 November 1973.


12.  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.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment with Company C, 2nd Battalion, 1st Infantry, 196th
Infantry Brigade, it was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the
Army General Order Number 8, dated 1974.

14.  Army Regulation 600-8-22 provides the Army policy on awards.  It
provides, in pertinent part, that bronze service stars are authorized for
wear on the Vietnam Service Medal to denote a Soldier's campaign
participation.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to award the Purple Heart, it is necessary to
establish that a Soldier was wounded or injured in action.  Careful
consideration was given to the statement submitted by the applicant.
However, given the lack of any corroborating evidence of record or evidence
from other independent sources, the statement alone is not sufficient to
meet the regulatory burden of proof necessary to support that the applicant
was wounded or treated for wounds as a result of hostile action and
entitled to award of the Purple Heart.

2.  The evidence of record also shows that he was awarded the Bronze Star
Medal with "V" device on 22 March 1969, the Bronze Star Medal with one oak
leaf cluster and with "V" device on 24 May 1969, and the Bronze Star Medal
with second oak leaf cluster on 12 September 1969.  This evidence is
sufficient as a basis for correction of his records to show the Bronze Star
Medal with two oak leaf clusters and with "V" device.

3.  The evidence of record also confirms that he is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four
bronze service stars to be affixed on his Vietnam Service Medal.

4.  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 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 August 1969, the date of his
separation from active duty; therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 29 August
1972.  The applicant did not file within the 3-year statute of limitations
and has not provided a compelling explanation or evidence to show that it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCR___  _DWT___  _RWS __  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 to show award of
the Purple Heart.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.






3.  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 Bronze Star Medal with two oak leaf clusters
and with "V" device; the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and four bronze service stars to be affixed to his Vietnam
Service Medal.




                                  _____Jeffrey C. Redmann______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005771                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061116                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY with NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.14                                  |
|2.                      |107.15                                  |
|3.                      |107.94                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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