RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 December 2006
      DOCKET NUMBER:   AR20060006947


      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             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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 that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was injured in Vietnam and
never received the Purple Heart for his injuries.

3.  The applicant provides a copy of his report of separation (DD Form
214), a copy of a Narrative Summary (Standard Form 502) from his medical
records and a copy of his record of assignments from his Enlisted
Qualification Record (DA Form 20).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 9 August 1972.  The application submitted in this case is dated
4 April 2005.

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.  He enlisted in Philadelphia, Pennsylvania, on 24 May 1968 for a period
of 3 years.  He completed his basic combat training at Fort Bragg, North
Carolina, and his advanced individual training (AIT) as a light weapons
infantryman at Fort Dix, New Jersey, before being transferred to Germany on
16 October 1968.  He was advanced to the pay grade of E-3 on 18 March 1969.


4.  On 24 April 1969, he reenlisted for a period of 3 years and training as
a printer’s helper.  He was advanced to the pay grade of E-4 on 11 July
1969 and on 1 September 1969, he departed Germany en route to Vietnam.


5.  He arrived in Vietnam on 8 November 1969 and was assigned to the United
States Army Support Command – Qui Nhon for duty as a multilith operator.

6.  On 26 May 1970, the applicant was very seriously injured while riding
as a passenger in a jeep on an administrative mission when the driver lost
control of the vehicle and the vehicle overturned.  The applicant was
transferred to the 67th Evacuation Hospital for treatment of a fractured
pelvis, fracture of the right femur and a torn external iliac vein and
artery.  He was subsequently evacuated to the 249th General Hospital, at
Camp Drake, Japan and then to Walter Reed General Hospital in Washington,
D.C.  He was promoted to the pay grade of E-5 on 21 January 1972.

7.  On 15 June 1972, a Physical Evaluation Board (PEB) determined that the
applicant was physically unfit for duty and recommended that he be retired
from the service by reason of physical disability with a 90% disability
rating.  The applicant concurred with findings and recommendations of the
PEB and waived a formal hearing of his case.  The findings and
recommendations of the PEB were approved by the appropriate authority on 30
June 1972.

8.  On 9 August 1972, he was permanently retired by reason of physical
disability.  He had served 4 years, 1 month and 27 days of total active
service and was awarded the National Defense Service Medal, the Vietnam
Service Medal (VSM), the Republic of Vietnam Campaign Medal and the
Sharpshooter Marksmanship Badge with M-14 rifle bar.

9.  A review of the available records fails to show any evidence that the
applicant’s injuries were the result of enemy action.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained while in
action against an 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation for the period he served with the unit.
Additionally, he participated in two campaigns and thus is authorized two
bronze service stars for wear on his VSM.



DISCUSSION AND CONCLUSIONS:

1.  While there is evidence to show that the applicant was injured in
Vietnam, there is no indication that the injuries were the result of enemy
action.  All indications reveal that the applicant was a passenger in a
vehicle in which the driver lost control of the vehicle and caused the
vehicle to overturn.

2.  Therefore, lacking evidence to show that the accident was the result of
enemy action, there appears to be no basis to award him the Purple Heart at
this time.

3.  However, there is evidence to show that the applicant is entitled to
the award of the RVNGC w/Palm Unit Citation and two bronze service stars
for wear on his already awarded VSM.

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 9 August 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 8 August 1975.  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

___JS___  ____LE_  ___MF___  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.  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 by awarding him the RVNGC w/Palm Unit Citation and two bronze
service stars for wear on his already awarded VSM.




                                  _____John Slone________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006947                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY w/note)                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |61/ph                                   |
|107.0015                |                                        |
|2.107.0094              |140/rvngc                               |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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