RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 January 2007
      DOCKET NUMBER:  AR20060008609


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Ms. Maria J. N. Troup             |     |Member               |
|     |Mr. Michael J. 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 award of the Purple Heart.

2.  The applicant states he should be awarded the Purple Heart for being
wounded in action while serving in Vietnam in December 1968.  As stated in
the transcripts from a "letter to home," the veteran was hit with shrapnel
along with the two men traveling in the jeep with him.  Many attempts to
locate these two other men have been made, but given the nature of his job
and the constant moving and working with other units and branches of the
military has made it impossible to locate them.  Because of the nature of
combat, it was not possible for him to seek medical attention and fill out
the paperwork that would be in his military/medical records.  He also
states that this award is fully warranted given he was wounded in action.
It will allow for him to finally review his due military benefits.  He
recently discovered tape evidence in 2003 to support his claim.

3.  The applicant describes, in a transcript of the tape submitted, of the
event that occurred on or about 23 December 1968 in Vietnam.  He describes
how he was driving a jeep with 3 occupants and was hit with 4 rockets.  The
closest rocket landed about four feet away from them.  The guy riding in
the back received shrapnel in his leg and he got hit in the neck and leg.
He received just a little mark and all of them were a little bit shook-up
for awhile.

4.  The applicant provides a copy of his DD Form 214 (Report of Separation
from Active Duty) in support of his application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provides no statement or evidence in support of the applicant's
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 July 1970, the date of his separation from active duty.
 The application submitted in this case is dated 6 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 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 military records show that he enlisted in the Regular
Army, as a private, in pay grade E-1, on 15 November 1966.  He completed
his training and was assigned military occupational specialty 76P, material
control and accounting specialist.

4.  There are no orders in the applicant’s service personnel records that
show he was awarded the Purple Heart.  There is also no evidence in his
records that he was wounded or treated for wounds as a result of hostile
action.  His DA Form 20 (Enlisted Qualification Record) does not show any
entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and
Decorations).

5.  His records show that he served in the Republic of Vietnam from
28 September 1968 through 27 September 1969 with Supply Company, 15th
Supply and Service Battalion, 1st Cavalry Division, for 4 campaigns.

6.  The applicant was separated from active duty on 2 July 1970.

7.  Entries on the applicant's DD Form 214 do not show award of the Purple
Heart.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, lists the
following awards:  the National Defense Service Medal, the Republic of
Vietnam Campaign Medal with Device 60, and the Vietnam Service Medal.

8.  His records contain General Orders Number 9731, dated 13 August 1969,
for award of the Army Commendation Medal for meritorious service in
connection with military operations against a hostile force in the Republic
of Vietnam from September 1968 to September 1969.  His DD Form 214 does not
show this award.

9.  His DA Form 20 also lists the Expert Marksmanship Qualification Badge
(Rifle M-14); however, this award is also not show on his DD Form 214.

9.  The Vietnam Casualty Roster does not show the applicant’s name.  There
are no medical treatment records available to show how or when he might
have been wounded or injured.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against the 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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment with Supply Company, 15th Supply and Service
Battalion, 1st Cavalry Division, it was cited for award of the Meritorious
Unit Commendation, by Headquarters, Department of the Army General Order
Number 2, dated 1971.

12.  Department of the Army 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 Headquarters, Department of the Army
General Order Number 8, dated 1974.

13.  Army Regulation 600-8-22 provides the Army policy on awards.  It
provides, in pertinent part, that bronze service stars are authorized for
wear on the Vietnam Service Medal to denote a Soldier's campaign
participation.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to award the Purple Heart, it is necessary to
establish that a Soldier was wounded or injured in action.  Careful
consideration was given to the statement submitted by the applicant.
However, given the lack of any corroborating evidence of record or evidence
from other independent sources, the statement alone is not sufficient to
meet the regulatory burden of proof necessary to support that the applicant
was wounded or treated for wounds as a result of hostile action and
entitled to award of the Purple Heart.

2.   The evidence of record also confirms that he is entitled to award of
the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and four bronze service stars to be affixed on his
Vietnam Service Medal.  The evidence of records also show the applicant is
entitled to award of the Army Commendation Medal and the Expert
Marksmanship Qualification Badge (Rifle M-14).  These awards are not shown
on the applicant's DD Form 214.

3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 July 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 1 July 1973.  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

___RTD__  __MJF__  __T_____  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 to show award of
the Purple Heart.

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 to show award of the Army Commendation Medal, Meritorious Unit
Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, four bronze service stars to be

affixed to his already-awarded Vietnam Service Medal, and the Expert
Marksmanship Qualification Badge (Rifle M-14), and by providing him a
correction to his separation document that includes these awards.




                                  _____Richard T. Dunbar______
                                            CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20060008609                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070125                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY w/NOTE                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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