RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060007612


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |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, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
the award of the Purple Heart.

2.  The applicant states, in effect, that he received a Purple Heart from
the commanding general while he was in the Republic of Vietnam.  He states
that he appealed to his elected representative from the 2nd District of
Arizona to help verify the entitlement to the Purple Heart.  Through his
elected representative's efforts, he received a letter from the National
Personnel Records Center that verified he's entitled to the award of the
Purple Heart.

3. The applicant provides a copy of his DD Form 214 and a letter from the
National Personnel Records Center, dated 23 January 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 December 1969, the date of his release from active duty.
The application submitted in this case is dated 17 February 2006; however,
it was received on  
26 May 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 records show that he entered active duty on 21 February
1967.  He completed basic combat training and advanced individual training
and was awarded the military occupational specialty 11B1O (Light Weapons
Infantryman).

4.  He served a tour of duty with Headquarters and Headquarters Company,  
11th Aviation Group (Airmobile), 1st Cavalry Division in the Republic of
Vietnam during the period 15 October 1967 to 8 October 1968.  He was
honorably released from active duty on 31 December 1969.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the National Defense Service Medal, Vietnam Service Medal,
Vietnam Campaign Medal, Bronze Star Medal with "V" Device (3rd AWD), Combat
Infantryman Badge, Air Medal, Parachutist Badge, and Path Finder Badge.
However, it does not show the Purple Heart.

6.  A review of the Republic of Vietnam Casualty Files does not show the
applicant's name listed among those wounded.

7.  There are no general orders in the available records which show the
applicant was awarded the Purple Heart.

8.  Headquarters, Fort Polk Special Orders Number 089, dated 6 April 1967
shows that the applicant was awarded the Expert Marksmanship Qualification
Badge with Rifle Bar.

9.  Headquarters, 3rd Training Brigade (Infantry) Special Orders Number 72,
dated 29 May 1967 shows that the applicant was awarded the Expert
Marksmanship Qualification Badge with Machinegun Bar.

10.  Headquarters, 3rd Training Brigade (Infantry) Special Orders Number
76, dated 5 June 1967 shows that the applicant was awarded the Marksman
Marksmanship Qualification Badge with Auto Rifle Bar.

11.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also provides that there
are no time limitations on requests for award of the Purple Heart.

12.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving during the Vietnam War.  This document shows HHC, 11th Aviation
Group


(Airmobile), 1st Cavalry Division the unit to which the applicant was
assigned, was cited for award of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation based on Department of the Army General Orders
Number 59, dated 1969.

14.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.

15.  Appendix B of Army Regulation 600-8-22 shows that based on the
applicant's dates of service in the Republic of Vietnam, he participated in
the Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968);
TET Counteroffensive (30 January 1968 to 1 April 1968); Vietnam
Counteroffensive Phase IV (2 April 1968 to 30 June 1968); and the Vietnam
Counteroffensive Phase V (1 July 1968 to 1 November 1968).  This same
regulation states that a bronze service star will be awarded for wear on
the Vietnam Service Medal for participation in each campaign.

16.  A member of the Army Review Boards Agency staff researched the
historical files of the Headquarters and Headquarters Company, 11th
Aviation Group (Airmobile), 1st Cavalry Division, archived at the National
Archives College Park, Maryland.  The review failed to identify the
applicant as being entitled to award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  There is no evidence in his available records which shows he was
wounded or injured as a result of hostile action.  Also, there is no
General Orders in his military records and his name does not appear on the
Republic of Vietnam Casualty Files.  Research of historical files of the
applicant's command failed to identify the applicant as being entitled to
award of the Purple Heart.  Therefore, he is not entitled to award of the
Purple Heart.

3.  Orders show that the applicant was awarded the Expert Marksmanship
Qualification Badge with Rifle Bar; Expert Marksmanship Qualification Badge
with Machinegun Bar; and the Marksman Marksmanship Qualification Badge with
Auto Rifle Bar.

4.  Orders show that the applicant is entitled to award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled
to correction of his records to show this foreign unit award.

5.  The applicant was assigned to Vietnam during four campaigns.
Therefore, he is entitled to correction of his records to show four bronze
service stars to be worn on his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 December 1969.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 December 1972.  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.

7.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___jcr ___  ___dwt__  ____reb__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely
file in this case based on the Purple Heart.

2.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined the overall merits of
this case are insufficient as basis for correction of the records of the
individual concerned to show award of the Purple Heart.
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 showing award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation; Expert
Marksmanship Qualification Badge with Rifle Bar; Expert Marksmanship
Qualification Badge with Machinegun Bar; Marksman Marksmanship
Qualification Badge with Auto Rifle Bar; and four bronze service stars to
be affixed to his already-awarded Vietnam Service Medal.




                                  _________Jeffrey C. Redmann______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007612                           |
|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                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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