RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 January 2007
      DOCKET NUMBER:  AR20060008826


      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 for a wound he
received during combat operations in Vietnam in May 1967.

2.  The applicant states that he received a shrapnel wound to the face
while he served as a platoon leader of the 1st Platoon, Company B, 2nd
Battalion, 7th Cavalry, 1st Air Cavalry Division.  He states that this
wound was treated by the platoon medic in May 1967 in the area of Phan
Thien, Vietnam.  The shrapnel was removed and first aid was rendered.  He
states the record of treatment should be in the files of the battalion aid
section.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 15 August 1973.  The application submitted in this case is
dated 13 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 initially enlisted in the Regular Army on 20 July 1964
and was discharged on 17 March 1966 to accept a commission.  He was
appointed as a Reserve second lieutenant on 18 March 1966 with a concurrent
call to active duty.

4.  He was assigned to Vietnam on 1 February 1967 with Company B,
2nd Battalion, 7th Cavalry.

5.  The applicant was awarded a Bronze Star Medal with “V” Device by
Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 552,
dated 25 January 1968.  These orders indicate he distinguished himself by
exceptionally valorous action on 30 March 1967, while serving as a platoon
leader with Company B, 2nd Battalion, 7th Cavalry during a combat mission
near Song Mao, Republic of Vietnam.  The orders do not indicate he
sustained a wound as a result of hostile fire.

6.  He departed Vietnam on 29 January 1968.  He was released from active
duty on 1 February 1968.  His DD Form 214 for the period ending 1 February
1968 does not show the Purple Heart as an authorized award.

7.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  There are no medical documents available
which indicate he sustained a wound as a result of hostile action in
Vietnam.  His name is not included on the Vietnam Casualty Roster.

8.  The applicant was ordered to active duty on 26 April 1968.  He served
in Korea from 17 August 1968 through 16 August 1970.

9.  The applicant was honorably released from active duty on 15 August 1973
and was transferred to the U.S. Army Reserve Control Group (Standby) on the
following date.  His DD Form 214 for the period ending 15 August 1973 does
not show the Purple Heart as an authorized award.

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 B, 2nd Battalion, 7th Cavalry, this unit
was cited for award of the Vietnam the Republic of Vietnam Gallantry Cross
with Palm Unit Citation by Department of the Army General Orders Number 59,
dated 1969.

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, 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.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have
been physically deployed in the area of eligibility for 30 consecutive or
60 non-consecutive days.

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 applicant contended he received a shrapnel wound to the face while
he served as a platoon leader of the 1st Platoon, Company B, 2nd Battalion,
7th Cavalry, 1st Air Cavalry Division in Vietnam and that he was treated by
the platoon medic.  However, there are no medical documents which verify
that he was wounded or injured as a result of hostile action.  Therefore,
there is insufficient evidence on which to base correction of his records
to show award of the Purple Heart.

3.  The applicant was assigned to a unit during a period it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
Therefore, this foreign unit award should be added to his DD Form 214 for
the period ending 15 August 1973.

4.  The applicant served a period of qualifying service in Korea for award
of the Korea Defense Service Medal.  Therefore, this award should be added
to his DD Form 214.

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 15 August 1973; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 August 1976.  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 DD Form 214 for the
period ending 15 August 1973 of the individual concerned to show the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Korea
Defense Service Medal.




                                  Kenneth Wright________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008826                           |
|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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