RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 March 2007
      DOCKET NUMBER:  AR20060009191


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Mr. Rodney E. Barber              |     |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.

2.  The applicant states, in effect, that he feels he should have been
awarded the Purple Heart.  He was wounded, he states, by shrapnel from an
explosive device (booby-trap) on 15 March 1970 while conducting search and
destroy missions in the Quang Tri Province of South Vietnam.

3.  The applicant states he tried once before but was told that it could
not be verified (in 1995).  Also when he left Vietnam, he would have had to
stay longer to verify.

4.  The applicant's Member of Congress has asked that the applicant's
request for award of the Purple Heart be looked into and he be provided a
report of the findings.

5.  The applicant prepared and submitted a nearly two-page summary of his
recollections about the alleged incident, which also included an
additional, "statement for the record."

6.  In support of his application, the applicant submits a copy of his DD
Form 214, Armed Forces of the United States, Report of Transfer or
Discharge; a copy of a DD Form 215, Correction to DD Form 214; a copy of a
letter and envelope he addressed and sent to his spouse while he was in
Vietnam; three notarized statements from fellow Soldiers, one of which
alleges he was wounded in action and was medically evacuated from Vietnam;
and a notarized statement from his brother who also describes himself as
being a Vietnam veteran.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 14 May 1971.  The application submitted in
this case is dated 16 May 2006 and was received for processing on 29 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 was inducted into the Army of the
United States on 15 May 1969.  He completed basic combat training at Fort
Knox, Kentucky, and his advanced individual training at Fort Polk,
Louisiana.  After completing all required training, he was awarded the
military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant served in Vietnam from 15 October 1969 through 13 October
1970, with Company C 1st Battalion, 1st Infantry, 196th Infantry Brigade.

5.  The applicant was honorably released from active duty, on 14 May 1971,
under the provisions of Army Regulation (AR) 635-200, at the expiration of
his term of service.  He was released from active duty in the rank and pay
grade of Specialist Four, E-4.  On the date he was released from active
duty, he had completed 2 years active military service, with no 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 Army Commendation Medal; National Defense
Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign
Medal, with Device 60; the Combat Infantryman Badge; the Expert
Marksmanship Qualification Badge, with Rifle Bar [M-16 Rifle]; the
Marksman Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle];
and the 2nd Class Gunner Marksmanship Qualification Badge, with Machinegun
Bar [M-60 Machinegun].  The Purple Heart is not shown on he applicant's DD
Form 214.

7.  The applicant was awarded the Bronze Star Medal while he served in
Vietnam. His DD Form 214 was corrected to add the Bronze Star Medal on 15
September 1995 through preparation and distribution of a DD Form 215.

8.  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.

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

10.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.
11.  The applicant's name does not appear on the Vietnam Casualty List.

12.  The applicant's brother was not an eyewitness to the alleged incident
in which his brother was wounded by a booby trap.  He states he received a
letter from his brother that stated he had gotten wounded in his left arm
and that he was alright.

13.  Letters of support prepared by two fellow Soldiers are duplicates of
one another even though they were written many miles apart (one in Arizona
and the other in North Dakota).  Each of these witnesses alleges to have
knowledge that the applicant received a shrapnel wound to his left arm;
however, neither states he personally saw the applicant get wounded and
neither provides any details about the treatment given after the fact.

14.  A third fellow Soldier states he has knowledge the applicant received
a shrapnel wound to his left arm; however, he states he was medically
evacuated by helicopter to the 91st Evacuation Hospital and later to
Chelsea Naval Hospital in Massachusetts.  Later, while he was recovering
from his wounds, he wrote a letter to his platoon to find out how all the
guys were doing and to determine who had gotten wounded that day.  This
witness' name does appear on the Vietnam Casualty Listing and shows he was
wounded on 16 March 1970.  Other information in the Vietnam Casualty
Listing (Master Casualty Report Number 74122) corroborates information the
applicant provided about himself in his letter-statement of support for the
applicant and supports the fact he was wounded and was in the vicinity of
the incident on 16 March 1970; but, his statement indicates he was not an
eyewitness and did not have first hand knowledge of the alleged incident.

15.  In the letter the applicant wrote to his spouse from Vietnam, he
alleges to have been wounded; however, there is no indication in the letter
he was treated for the wound.  He adds, in the letter he didn't even have
to leave the field.

16.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
he consistently received "excellent" conduct and efficiency ratings.  There
is no evidence of any breach of good order or discipline in his service
personnel record that would preclude award of the Good Conduct Medal to
him.

17.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

18.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War:  the Vietnam Summer-Fall 1969, which
extended from 9 June through 31 October 1969; the Vietnam Winter-Spring
1970, which extended from 1 November 1969 through 30 April 1970; the
Sanctuary Counteroffensive, which extended from 1 May through 30 June
1970; and the Vietnam Counteroffensive, Phase VII, which extended from 1
July 1970 through 30 June 1971.

19.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to, Company C, 1st Battalion, 1st Infantry Regiment,
196th Infantry Brigade, was awarded the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period 24 August through 31
December 1969 and for the period 31 March through 30 June 1970, by
Department of the Army General Order (DAGO) Number 42, dated 1972.

20.  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.

21.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3 years
except in those cases when the period for the first award ends with the
termination of a period of Federal military service.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

22.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

23.  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 insufficient evidence to show the applicant was wounded as a
result of hostile action.  No entries were made in his service personnel
records to show he was wounded as a result of hostile action and no orders
were published to award him the Purple Heart.  Additionally, the
applicant's name does not appear on the Vietnam Casualty Listing.

3.  The statements submitted in support of the applicant's request,
apparently were written by the same person because they are identical in
language and construction, even though they were signed and notarized many
miles apart – one in Arizona and the other in North Dakota.

4.  Each of these witnesses alleges to have knowledge that the applicant
received a shrapnel wound to his left arm; however, neither of the
witnesses states he personally saw the applicant get wounded and neither
provides any details about the treatment given after the fact.

5.  A third fellow Soldier states he has knowledge the applicant received a
shrapnel wound to his left arm; however, he only learned of this in
Chelsea, Massachusetts, while he was recovering from his own wounds, after
having written a letter to his platoon to find out how all the guys were
doing and to determine who had gotten wounded that day.  This witness' name
does appear on the Vietnam Casualty Listing and shows he was wounded on 16
March 1970; however, his statement indicates he was not an eyewitness and
he did not have first hand knowledge of the alleged incident in which the
applicant was allegedly wounded by a booby trap.  This witness' statement,
it was noted, followed the
same format for the other letter-statements and one paragraph in
particular, and the closing paragraph of the letter, are identical, which
indicates this letter was also authored by the same person.

6.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
that the applicant did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 15
May 1969 through 14 May 1971.

7.  The applicant served in four campaigns while he served in Vietnam.  He
is therefore entitled to award of four bronze service stars to be affixed
to his already-awarded Vietnam Service Medal and to have them added to his
DD Form 214.

8.  The applicant served in a unit, which was twice 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.

9.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 15 September 1995, the date his
DD Form 214 was corrected to add the Bronze Star Medal; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 14 September 1998.  Although the applicant did not
file within the ABCMR's 3-year 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LWR__  __MKP__  __REB__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with four
bronze service stars, and adding this award to his DD Form 214;

      c.  awarding the applicant the Good Conduct Medal for the period 15
May 1969 through 14 May 1971, and adding this award to his DD Form 214; and

      d.  awarding the applicant; the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation (two awards), and adding this unit award to his DD
Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart to the applicant and its addition to his DD Form
214.




                            _____M. K. Patterson___________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009191                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070315                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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