RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 December 2006
      DOCKET NUMBER:  AR20060008884


      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:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. John 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 award of the Purple Heart.

2.  The applicant states he received wounds while stationed in Vietnam and
he never was issued the Purple Heart.

3.  The applicant provides a copy of an email; a map of Vietnam; his DA
Form
2-1 (Personnel Qualification Record); a letter from the Department of
Veterans Affairs (DVA), Alaska Healthcare System and Regional Office; his
citation for award of the Army Commendation Medal; his VA Form 21-4138
(Statement in Support of Claim); his DVA Rating Decision; his Radiologic
Examination Report; his DVA Radiologic Consultation Report; and his DD Form
214 (Certificate of Release or Discharge from Active Duty) for the period
ending 31 March 1988.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 31 August 1988.  The application submitted in this case is dated 10
November 2005.

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 21 August 1967.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 64A (Light Truck Driver).  He
served in Vietnam from January 1968 to January 1969 and from July 1969 to
November 1969.

4.  The applicant was honorably released from active duty on 16 August 1970
and was transferred to the U.S. Army Reserve Control Group on the following
date.  His DD Form 214 for the period ending 16 August 1970 does not show
the Purple Heart as an authorized award.

5.  The applicant enlisted in the Regular Army on 16 March 1971.  He served
in Vietnam from April 1971 to February 1972.  He was honorably discharged
on 16 December 1973 for the purpose of reenlistment.  His DD Form 214 for
the period ending 16 December 1973 does not show the Purple Heart as an
authorized award.

6.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification
Record) 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 reenlisted on 17 December 1973 and was discharged on
9 June 1977 for immediate reenlistment.  His DD Form 214 for the period
ending 17 December 1973 does not show the Purple Heart as an authorized
award.

8.  His DA Form 2-1 shows he received credit for participation in ten
campaigns during the Vietnam War.

9.  The applicant reenlisted on 10 June 1977 and continued to serve on
active duty until he was released from active duty on 31 March 1988.  He
was placed on the retired list on the following date.

10.  His DD Form 214 for the period ending 31 March 1988 shows he was
awarded the Meritorious Service Medal, the Army Commendation Medal (Second
Oak Leaf Cluster), the Army Achievement Medal (First Oak Leaf Cluster), the
Joint Service Commendation Medal, the Army Good Conduct Medal (Sixth
Award), the National Defense Service Medal, the Vietnam Service Medal, the
Army Service Ribbon, the Overseas Service Ribbon with Numeral “2”, the
Noncommissioned Officer Professional Development Ribbon with Numeral “3”,
the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, and the Driver Badge.

11.  The applicant’s DVA Rating Decision, dated 11 October 2001, shows he
was granted service connection for scars on his left lower leg with an
evaluation of zero percent effective 16 November 2000.  The DVA Rating
Decision indicated that the applicant’s service medical records showed no
evidence of any treatment for shrapnel wounds to the left lower leg.

12.  The applicant’s Radiologic Examination Report, dated 21 October 2005
indicated that there was “no distinct metallic foreign body in the region
of the distal gastrocnemius or elsewhere.”

13.  Army Regulation 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.

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.  The regulation states
that 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.

2.  Although the DVA Rating Decision indicates that the applicant was
granted service connection for scars on his left lower leg, there are no
military medical documents available to the Board which verifies he was
wounded or injured as a result of hostile action.  In addition, his name is
not listed on the Vietnam Casualty Roster and his Enlisted Qualification
Record does not indicate wounds sustained as a result of hostile action.
Therefore, there is insufficient evidence on which to base award of the
Purple Heart in this case.

3.  The applicant received credit for participation in ten campaigns during
the Vietnam War.  Therefore, his DD Form 214 for the period ending 31 March
1988 should be administratively corrected to show two silver service stars
for wear on his Vietnam Service Medal.

4.  Evidence shows that the applicant’s records contain an 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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1988; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 March 1991.  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

KN______  PS______  JM______  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 an administrative error 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 two silver service stars for wear on his
already awarded Vietnam Service Medal.




                                  Kathleen Newman_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008884                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061219                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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