RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20060006696


      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:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 on 15 May 1969 in Vietnam and
he never received the Purple Heart.  He contends, in effect, that the wound
information is on his DA Form 20 (Enlisted Qualification Record).

3.  The applicant provides a copy of his DA Form 20; a photocopy of an
envelope; a DA Form 8-119 (Hospital Arrival Notice); and a copy of his DD
Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 January 1971.  The application submitted in this case is
dated 25 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 on 19 January 1968 for a period of 3 years.  He
arrived in Vietnam on 27 November 1968.  He served as a wireman assigned to
Headquarters and Headquarters Battery, 2nd Battalion, 11th Artillery of the
101st Airborne Division in Vietnam from 27 November 1968 through 17
December 1968.  He was assigned to Battery A, 2nd Battalion, 11th Artillery
in Vietnam from 18 December 1968 through 25 June 1969.  On 28 January 1971,
the applicant was released from active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal with four bronze service stars, and the Republic
of Vietnam Campaign Medal with Device 1960 as authorized awards.

5.  There are no orders for the Purple Heart in the applicant’s service
personnel records.  His name does not appear on the Vietnam Casualty
Roster.

6.  Item 40 (Wounds) on the applicant’s DA Form 20 shows that he was
wounded on 16 May 1969 and contains the entry, “AK 47 LEG WOUNDS,
CONCOUSION (sic) TO HEAD, BAD EARS.”

7.  In support of his claim, the applicant provided a DA Form 8-119, dated
9 June 1969, which states that he was admitted to Brooke General Hospital
at Fort Sam Houston, Texas from Vietnam on 9 June 1969.  However, there is
no evidence that the applicant was injured as a result of hostile action in
Vietnam.

8.  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 (2nd
Battalion, 11th Artillery) is entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 43, dated 1970.

9.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (Battery A, 11th Artillery) 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 48, dated 1971.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of orders or other corroborating evidence of record
showing that the applicant was injured or treated for any wounds as a
result of hostile action in Vietnam, the entry in item 40 on the
applicant’s DA Form 20 is not sufficient as a basis for an award of the
Purple Heart.  The DA Form 8-119 provided by the applicant does not show
that he was hospitalized 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.  The applicant’s units were 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
them.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 28 January 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 27
January 1974.  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.

4.  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

CD_____  __JP____  __RN____  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 Republic of Vietnam Gallantry Cross with
Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation.



                                  __Carmen Duncan_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006696                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061024                                |
|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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