RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060007644


      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. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Robert Soniak                 |     |Member               |
|     |Mr. David 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 correction of his military records to show award
of the Purple Heart.

2.  The applicant states that he was wounded and never received the Purple
Heart.  He contends that he was assigned to the 4th Infantry Division in
Vietnam, that he was told he would receive the Purple Heart, and that he
still has shrapnel in his left foot.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 January 1969.  The application submitted in this case is
dated 12 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 was inducted on 27 February 1967.  He arrived in Vietnam
on 10 August 1967.  He was assigned to Company D, 1st Battalion, 8th
Infantry of the 4th Infantry Division in Vietnam from 10 September 1967
through 24 April 1968.  He was assigned to Company A, 1st Battalion, 2nd
Infantry of the 1st Infantry Division in Vietnam from 25 April 1968 through
1 June 1968.  He was assigned to Headquarters and Headquarters Company, 1st
Battalion, 2nd Infantry of the 1st Infantry Division in Vietnam from 2 June
1968 through
9 August 1968.  On 16 January 1969, he 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, two awards of the Overseas
Service Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar,
and the 1st Class Gunner [Badge] (Machine Gun) 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.  Records show the applicant participated in four campaigns during his
assignment 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 (1st
Battalion, 8th Infantry) is entitled to the Presidential Unit Citation for
actions during the period 29 October 1967 to 30 November 1967 based on
Department of the Army General Orders Number 38, dated 1971.

9.  Department of the Army Pamphlet 672-3 shows the applicant's unit (1st
Battalion, 8th 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 3, dated 1970

10.  Department of the Army Pamphlet 672-3 shows the applicant’s unit (1st
Battalion, 8th Infantry) was cited for the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation based on Department of the
Army General Orders Number 53, dated 1970.

11.  Department of the Army Pamphlet 672-3 shows the applicant’s unit (1st
Battalion, 2nd 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 21, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows the applicant’s unit (1st
Battalion, 2nd 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 53, dated 1970.

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.

15.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records which shows that the
applicant was wounded or injured as a result of hostile action in Vietnam.
Regrettably, there is insufficient evidence on which to award the Purple
Heart in this case.

2.  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.

3.  The applicant’s unit (1st Battalion, 8th Infantry) was cited for award
of the Presidential Unit Citation while he was assigned to it.

4.  The applicant's units (1st Battalion, 8th Infantry and 1st Battalion,
2nd Infantry) were each awarded one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and so he is entitled to wear one
of those awards.  However, his DD Form 214 should be corrected to show two
awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant’s units (1st Battalion, 8th Infantry and 1st Battalion,
2nd Infantry) were each awarded one award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214
should be corrected to show two awards of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

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 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

7.  Records show the applicant should have discovered the alleged error now
under consideration on 16 January 1969; therefore, the time for the
applicant to file a request for correction of any error expired on 15
January 1972.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JR_____  __RS____  _DT_____  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 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 Vietnam Service Medal
with four bronze service stars, the Presidential Unit Citation, two awards
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two
awards of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.



                                  __Jeffrey Redmann_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007644                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061116                                |
|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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