RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 March 2007
      DOCKET NUMBER:  AR20060012336


      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      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Roland S. Venable             |     |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 feels he should have a Purple Heart for the
injury he received from a punji stick in Vietnam.  He was taken from the
field to the 8th Field Hospital to be treated.  He had an infection with a
high temperature.  He was stuck in the left leg with the stick and then
came down sick from it.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 October 1968.  The application submitted in this case
is dated    21 August 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 enlisted in the Regular Army on 30 October 1965.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant’s unit, Company A, 1st Battalion, 8th Infantry, 4th
Infantry Division, arrived in Vietnam on or about 15 September 1966.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was
medically evacuated, after receiving campaign participation credit for one
campaign, to Tripler General Hospital on 11 February 1967 and to the U. S.
Army Hospital, Fort Devens, MA on 5 March 1977.  His service medical
records are not available.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 does not show he was
wounded.  His name is not listed on the Vietnam Casualty Roster.

7.  On 29 October 1968, the applicant was honorably released from active
duty.  His DD Form 214 shows he was awarded the National Defense Service
Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal,
the Army Good Conduct Medal, and four Expert Marksmanship Qualification
Badges.

8.  The applicant’s DD Form 214 was later amended to add the Combat
Infantryman Badge.

9.  Army Regulation 600-8-22 (Military Awards) states 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

10.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal including the Vietnam Service Medal.

11.  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 the 1st Battalion, 8th Infantry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period October 1966 through      28 July 1969 by Department of the
Army General Orders (DAGO) Number          3 dated 1970.

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 1st Battalion, 8th Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO
Number 53 dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DA Form 20 confirms that he was medically evacuated
from Vietnam; however, there is no available evidence of record to show the
details of
why he was evacuated.  His name is not listed on the Vietnam Casualty
Roster.  Regrettably, there is insufficient evidence on which to base award
of the Purple Heart.

2.  The evidence of record shows the applicant is eligible to wear one
bronze service star on his Vietnam Service Medal.

3.  The evidence of record shows the applicant was assigned to a unit
during a period of time that unit was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  These unit awards should be
added to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 October 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         28 October 1971.  Although the applicant did
not file within the 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.

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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__lds___  __jtm___  __rsv___  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 records of the
individual concerned by amending his DD Form 214 to add the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation and to show he is
eligible to wear one bronze service star on his already-awarded Vietnam
Service Medal.




                                  __Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012336                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070322                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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