RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      19 December 2006
      DOCKET NUMBER:  AR20060008296


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. John M. Moeller               |     |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 he be awarded the Purple Heart
and that it be added to his DD Form 214, Armed Forces of the United States,
Report of Transfer or Discharge.

2.  The applicant entered in "Item 6 (of his DD Form 149, Application for
Correction of Military Record under the Provisions of Title 10, U.S. Code
1552), I believe the record to be in error for the following reasons:
received a shrapnel wound from a gunshot in Vietnam.  I was treated and it
is in my military medical records of the treatment, but I was not awarded a
Purple Heart and unsure if it is in my military service record."

3.  The applicant adds in Item 17 (Remarks), of his DD Form 149, "I have
documentation of my military medical record of treatment I received from a
gunshot wound and shrapnel, but it is not listed in my service record to
receive the Purple Heart and compensation from the VA for service
connection disability."

4.  The applicant submitted no other documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 6 September 1972, the date he was discharged
prior to his normal expiration of term of service.  The application
submitted in this case is dated 1 June 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 limitation 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 enlisted in the Regular Army for 3
years on 24 February 1969.  He completed basic combat and his advanced
individual training at Fort Ord, California.  After completing all required
training, he was
awarded the military occupational specialty (MOS), 94B (Cook).  The record
shows he reenlisted for 6 years on 30 November 1970 for training and
assignment in the MOS 71F (Postal Clerk).

4.  The applicant served in Vietnam from 8 July 1969 through 7 July 1970,
with Company B, 44th Signal Battalion, and Telephone Operations Company, US
Army Strategic Communication Command-Long Binh.

5.  The applicant was discharged from the Army with an undesirable
discharge, with his service characterized as under conditions other than
honorable, on 6 September 1972, under the provisions of Army Regulation
(AR) 635-200, Chapter 10, for the good of the service.  He was separated in
the rank and pay grade of Private, E-1.  On the date he was discharged, he
had completed a total of 2 years, 9 months, and 25 days active military
service, with 258 days time lost.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded:  the Vietnam Service Medal, with three bronze service
stars; the Republic of Vietnam Campaign Medal, with 1960 device; and the
Marksman Marksmanship Qualification Badge, with Rifle Bar.  The Purple
Heart is not shown on the applicant's DD Form 214.

7.  There is no entry in Item 40 (Wounds) of the applicant's DA Form 20,
Enlisted Qualification Record, to show he received a wound in action
against a hostile force.

8.  There is no entry in Item 41 (Awards and Decorations), of the DA Form
20, showing the applicant was awarded the Purple Heart.

9.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.

10.  The applicant's name does not appear on the Vietnam Casualty List.

11.  AR 600-8-22 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.

12.  DA Pamphlet 672-3 shows that the applicant's unit, a subordinate unit
of the United States Army, Vietnam, was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, for the period 20 July 1965
through 28 March 1973, by Department of the Army General Orders Number 8,
dated 1974.  This unit award is also not shown on the applicant's DD Form
214.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995, and from 11
September 2001 to a date to be determined.  The applicant served on active
duty during one of the qualifying periods for award of the National Defense
Service Medal.  His DD Form 214 does not show his entitlement to the
National Defense Service Medal.

14.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be
presented to show that the Soldier was wounded as the result of hostile
action, the wound must have required treatment, and the medical treatment
must have been made a matter of official record.

2.  There is no evidence, and the applicant provided none, to show he was
wounded as a result of hostile action and that he was provided treatment
for the alleged wounds.  In his application, the applicant stated, in
effect, that he had documentation of the treatment he received; however, he
did not provide this for the Board's review.

3.  There are no entries in the applicant's enlisted qualification record,
no orders in his personnel file, and his name does not appear on the
Vietnam Casualty Listing.  Therefore, the applicant is not entitled to
award of the Purple Heart and to have it added to his DD Form 214.
4.  The evidence of record shows the applicant served on active duty during
one of the qualifying periods for award of the National Defense Service
Medal.  He is therefore entitled to award of the National Defense Service
Medal and to have it added to his DD Form 214.

5.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, while he was a member of
the unit.  This unit award is not shown on his DD Form 214.  He is entitled
to this unit award and to have it added to his DD Form 214.

6.  The applicant served in Vietnam over12 months, counting the month of
his arrival (July 1969) and the month of his departure (July 1970) from
Vietnam.  He is therefore entitled to award o two overseas service bars and
to have these bars added to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 September 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 5 September 1975.  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.

8.  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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JMM___  ___PMS _  __KAN __  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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 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 the applicant the National Defense Service Medal, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two
overseas service bars and adding these awards to his DD Form 214.




                                  _____Kathleen Newman______
                                            CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20060008296                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061219                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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