RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 February 2007
      DOCKET NUMBER:  AR20060010136


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, he was shot in the leg and received a
shrapnel wound while serving in the Republic of Vietnam (RVN).  However,
the list of awards contained on his separation document (DD form 214) does
not reflect the injury and as a result he was not awarded the PH.

3.  The applicant refers to a Department of Veterans Affairs (VA) Claim
Number and regional office; however, he provides no additional documentary
evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 21 March 1969, the date of his separation.  The
application submitted in this case is dated 11 July 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 record shows he was inducted into the Army and entered
active duty on 26 October 1967.  He was trained in, awarded, and served in
military occupational specialty (MOS) 11B (Infantryman), and the highest
rank he attained while serving on active duty was sergeant (SGT).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 27 September 1968 through 6 March 1969.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
Company C, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division,
performing duties in MOS 11B as an infantry team leader.  Item 40 (Wounds)
is blank, and Item 41 (Awards and Decorations) does not include the PH in
the awards listed.

5.  Item 41 of the applicant's DA Form 20 does shows he earned the
following awards during his active duty tenure:  National Defense Service
Medal (NDSM); Vietnam Service Medal (VSM); Combat Infantryman Badge (CIB);
RVN Campaign Medal; RVN Gallantry Cross with Palm Unit Citation; and the
Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders, or other documents, that indicate the applicant was ever
recommended for, or awarded the PH by proper authority while serving on
active duty.  The MPRJ is also void of any medical treatment records
showing he was ever treated for a combat related wound or injury by
military medical personnel.

7. The MPRJ does contain Headquarters, United States Army Training Center,
Infantry, Fort Polk, Louisiana, Special Orders Number 944, dated 19
February 1968.  These orders awarded him the Sharpshooter Marksmanship
Qualification Badge with Machinegun Bar.

8.  On 21 March 1969, the applicant was honorably separated, by reason of
hardship, after completing a total of 1 year, 4 months, and 26 days of
active military service.  The DD Form 214 he was issued at the time
confirms, in Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized), that he earned the NDSM, VSM,
RVN Campaign Medal, RVN Gallantry Cross with Palm Unit Citation, and CIB.
The PH is not included in the list of authorized awards contained in Item
24, and the applicant authenticated this document with his signature on the
date of his separation.

9.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The
applicant's name is not included on this roster.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent

part, that the PH is awarded to any member who has been wounded or killed
in action.  A wound is defined as an injury to any part of the body from an
outside force or agent sustained under conditions defined by this
regulation.  In order to support awarding a member the PH, it is necessary
to establish that the wound, for which the award is being made, required
treatment by a medical officer.  This treatment must be supported by
records of medical treatment for the wound or injury received in action,
and must have been made a matter of official record.

11.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that 1 bronze service
star is authorized with this award for each RVN campaign a member is
credited with participating in.  Table B-1 contains a list of campaigns and
shows that during his tenure of assignment, campaign credit was granted for
the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI,
and TET 69 Counteroffensive campaigns.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that while he was
assigned, the applicant's unit (1st Battalion, 2nd Infantry Regiment)
received the RVN Gallantry Cross with Palm Unit Citation, and RVN Civil
Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH based on being shot in
the leg and receiving a shrapnel wound while serving in the RVN was
carefully considered.  However, by regulation in order to support award of
the PH, there must be evidence that the wound was received as a direct
result of, or was caused by enemy action, that the wound was treated by
military medical personnel, and a record of this treatment must have been
made a matter of official record.

2.  The record evidence of record provides no evidence suggesting the
applicant was wounded as a result of enemy action.  It is also void of any
medical treatment records indicating that he was treated for combat related
wound or injury while serving on active duty.  Item 40 of his DA Form 20 is
blank, which indicates he was never wounded in action, and Item 41 does not
include the PH in the list of authorized awards.

3.  Further, the PH is not included in the list of authorized awards
contained on the applicant's 21 March 1969 DD Form 214, which he
authenticated with his signature on the date of his separation.  In effect,
his signature was his verification that the information contained on the DD
Form 214, to include the list of awards, was correct when the time
separation document was prepared and issued.  Finally, his name is not
included on the Vietnam Casualty Roster, the official DA list of RVN battle
casualties.

4.  Absent any evidence of record or independent evidence confirming the
applicant was wounded as a result of enemy action or treated for a combat
related wound or injury while serving in he RVN, or that he was ever
awarded the PH by proper authority while serving on active duty, the
regulatory burden of proof necessary to support award of the PH has not
been satisfied in this case.

5.  Records show the applicant should have discovered the alleged error or
injustice related to award of the PH now under consideration on 21 March,
the date of his separation.  Therefore, the time for him file a request for
correction of any error or injustice expired on 20 March 1972.  He failed
to 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.

6. The evidence does show that based on his RVN service and campaign
participation, the applicant is entitled to the RVN Civil Actions Honor
Medal First Class Unit Citation and 3 bronze service stars to be worn with
his VSM; and that he received the Expert Marksmanship Qualification Badge
with Rifle Bar and Sharpshooter Marksmanship Badge with Machinegun Bar,
while serving on active duty.  The omission of these awards from his record
and separation document is an administrative matter that does not require
Board action to correct.  Therefore, the Case Management Support Division
(CMSD), St. Louis, Missouri, will administratively correct his records as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__HOF __  __WFC__  __DED__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of the
Purple Heart.  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.  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 by amending Item 24 of his 21 March 1969 DD Form 214 by deleting
the current list of awards and replacing it with the entry:  "National
Defense Service Medal, Vietnam Service Medal with 3 bronze service stars,
Republic of Vietnam Campaign Medal with Device 1960, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, Combat Infantryman Badge, Expert
Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter
Marksmanship Badge with Machinegun Bar."




                                  _____Hubert O. Fry_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010136                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/03/21                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Hardship                                |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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