RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 January 2007
      DOCKET NUMBER:  AR20060007828


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Larry Racster                 |     |Member               |
|     |Ms. Ernestine Fields              |     |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 the Purple Heart is not listed on his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 and a DA Form 200
(Transmittal Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 June 1969.  The application submitted in this case is dated
11 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 enlisted in the Regular Army on 30 June 1966.  He
completed basic combat training at Fort Ord, California and was reassigned
to Fort Gordon, Georgia for advanced individual training (AIT).  At the
completion of AIT, he was awarded military occupational specialty 72C
(Telephone Switchboard Operator).

4.  The applicant was assigned to Vietnam on 5 January 1967 with Company B,
41st Signal Battalion.  His DA Form 20 (Enlisted Qualification Record)
shows he was also assigned to the 586th Signal Company from 23 March 1967
to 20 December 1967 and Company E, 43rd Signal Battalion from 21 December
1967 to 5 August 1968.

5.  The applicant departed Vietnam on 7 August 1968 and was reassigned to
Camp Roberts, California.  He received campaign credit for participation in
the Vietnam Counteroffensive Phase II Campaign, the Vietnam
Counteroffensive Phase III Campaign, the Tet Counteroffensive Campaign, the
Vietnam Counteroffensive Campaign Phase IV, and the Vietnam
Counteroffensive Phase V Campaign.

6.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  His DA Form 20 does not list any wounds as a
result of hostile action in item 40 (Wounds).  His name is not included on
the Vietnam Casualty Roster.

7.  The applicant was honorably released from active duty on 27 June 1969
at the expiration of his term of service.  On the following date, he was
transferred to the U.S Army Reserve Control Group (Annual Training).

8.  His DD Form 214 shows he was awarded the National Defense Service
Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal,
and the Expert Marksmanship Qualification Badge with Rifle Bar.

9.  The applicant provided a copy of a Transmittal Record which indicates
an item pertaining to award of the Purple Heart was shipped to the
Commanding General, Awards and Declaration (sic), Fort Ord, California on
23 July 1969.

10.  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 that, at the time of the
applicant's assignment to Company E, 43rd Signal Battalion, this unit was
cited for award of the Meritorious Unit Commendation by Department of the
Army General Orders Number 42, dated 1969.

11.  Headquarters, Department of the Army General Orders Number 8, dated
1974, awarded all units which served in Vietnam the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

12.  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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

13.  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.  A silver service star
is authorized in lieu of five bronze service stars.


DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the
applicant.  His name is not listed on the Vietnam Casualty Roster.

2.  The Transmittal Record, dated 23 July 1969, indicates that an item
pertaining to award of the Purple Heart was forwarded to the Awards and
Declaration (sic) Branch at Fort Ord, California.  However, this document
does not verify the applicant was actually awarded the Purple Heart.  There
is no evidence of record which indicates he sustained a wound or injury as
a result of hostile action during a combat mission in Vietnam.  Therefore,
there is insufficient evidence on which to base correction of his records
to show award of the Purple Heart.

3.  The applicant received credit for participation in five campaigns
during the Vietnam War.  Therefore, his DD Form 214 for the period ending
15 August 1973 should be administratively corrected to show one silver
service star (in lieu of five bronze service stars) for wear on his Vietnam
Service Medal.

4.  The applicant was assigned to a unit during a period it was cited for
award of the Meritorious Unit Commendation.  Later, all units in Vietnam
were awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army General Orders Number 8,
dated 1974.  Therefore, these awards should be added to his DD Form 214 for
the period ending 15 August 1973.

5.  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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 June 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 26 June 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.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

KW______  _LR_____  _EF_____  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 one silver service star for wear on his
already awarded Vietnam Service Medal, the Meritorious Unit Commendation,
and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




                                  Kenneth Wright________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007828                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070123                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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