RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 April 2007
      DOCKET NUMBER:  AR20060014096


      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      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Scott W. Faught               |     |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 that he be awarded a Purple Heart.

2.  The applicant states, in effect, that he was wounded by a claymore mine
while assigned to the Republic of Vietnam (RVN).

3.  The applicant provides a copy of an unnumbered medical treatment
document titled Symptoms, Diagnosis, Treatment, Treating Organization.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 January 1985.  The application submitted in this case is
dated 25 September 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 that he was inducted into the Army of the
United States on 29 November 1962.  He completed basic combat training and
advanced individual training and was awarded the military occupational
specialty (MOS) 111 (Light Weapons Infantryman).  The highest rank he
attained while serving on this active duty tour was Specialist (E4).

4.  On 27 May 1964, the applicant was honorably discharged after completing
a total of 1 year, 5 months, and 29 days of active military service.  The
DD Form 214 he was issued shows that he earned the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar.

5.  On 28 May 1964, the applicant enlisted into the Regular Army, completed
advanced individual training, and was awarded MOS 64B (Heavy Vehicle
Driver). The highest rank he attained while serving on this active duty
tour was Sergeant (E-5).

6.  Item 5 (Overseas Service) of the applicant’s DD Form 2-1 (Personnel
Qualification Record) shows that he served in the RVN from 29 March 1968
through 14 October 1968, and that during his RVN tour he was assigned to
the 1st Squadron, 4th Cavalry Regiment performing duties in MOS 64B, Heavy
Vehicle Driver.

7.  On 27 May 1970, the applicant was honorably discharged after completing
a total of 6 years of active military service.  The DD Form 214 he was
issued shows that he earned the Vietnam Service Medal (VSM), the RVN
Campaign Medal, the National Defense Service Medal (NDSM), and the Drill
Sergeant Identification Badge.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does
not show award of the Purple Heart.

9.  On 28 May 1970, the applicant reenlisted into the Regular Army and was
awarded MOS 64C (Motor Transportation Operator).  The highest rank he
attained while serving on this active duty tour was Staff Sergeant (E-6).

10.  On 4 July 1977, the applicant was honorably discharged for the purpose
of immediate reenlistment after completing a total of 7 years, 1 month, and
7 days of active military service on this tour.  The DD Form 214 he was
issued shows he earned the RVN Gallantry Cross with Palm Unit Citation, the
Overseas Service Bar, the RVN Civil Actions Honor Medal First Class Unit
Citation, the Good Conduct Medal (4th award), the Valorous Unit Award, the
Vietnam Service Medal, the RVN Campaign Medal, the National Defense Service
Medal (NDSM), the Expert Marksmanship Qualification Badge with Rifle Bar,
and the Drill Sergeant Identification Badge.

11.  On 5 July 1977, the applicant reenlisted in the Regular Army.  The
highest rank he attained while serving on this active duty tour was
Sergeant First Class (E-7).

12.  On 31 January 1985, the applicant retired for length of service after
completing a total of 22 years, 2 months, and 2 days of active military
service.  The DD Form 214 he was issued shows that he earned the following
awards during this active duty tenure:  the Army Commendation Medal, Good
Conduct Medal (6th award), National Defense Service Medal, Vietnam Service
Medal, Noncommissioned Officer Professional Development Ribbon, Army
Service Ribbon, Overseas Service Ribbon, Republic of Vietnam Campaign
Medal, Valorous Unit Award, Vietnam Gallantry Cross with Palm Unit
Citation, and the Vietnam Civil Actions Honor Medal First Class Unit
Citation.

13.  The Symptoms, Diagnosis, Treatment, Treating Organization document
shows that on 25 June 1968, the applicant was seen at the 1st Squadron
4th Cavalry Aid Station for abrasions and contusions on the left knee that
resulted from a 24 June 1968 claymore mine accident, but it does not show
that the applicant was wounded as a result of hostile action.

14.  The Vietnam Casualty Roster does not list the applicant as wounded by
hostile forces.  There are no general orders that show the applicant was
awarded the Purple Heart.  There is no evidence in the available records
which show that the applicant sustained injuries as a result of hostile
action or that he was treated for wounds sustained as a result of hostile
action.

15.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

16.  A review of the applicant’s records indicates entitlement to an
additional award and decoration that is not shown on his DD Form 214.

17.  Item 24 of the applicant’s DD Form 214, dated 27 May 1970 shows that
he was awarded the Vietnam Service Medal. However, his DA Form 214 does not
show award of bronze service stars for campaign credit.

18.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in three campaigns during his service in
Vietnam.  This document shows that the applicant participated in the TET
Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam
Counteroffensive, Phase V campaigns.  This same regulation states that a
bronze service star will be awarded for wear on the Vietnam Service Medal
for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  There are no general orders that show the applicant was awarded the
Purple Heart.  There is no evidence in his service personnel records which
shows that he was wounded or injured as a result of hostile action or
treated for such wounds.  The applicant is not listed on the Vietnam
Casualty Roster.  The statements submitted do not provide an eyewitness
account of the applicant being wounded as a result of hostile action.  In
the absence of such evidence, there is insufficient basis to grant award of
the Purple Heart.

3.  Records show the applicant participated in three campaigns during his
service in Vietnam.  Therefore, he is entitled to correction of his record
to show award of three bronze service stars to be affixed to his already-
awarded VSM.

4.  Evidence shows that the applicant’s records contain 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 3 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 January 1985.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 January 1988.  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

___LDS__  ___JCR__  ___SWF   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.  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 to show award of
three bronze stars to be affixed to his already-awarded VSM.




                                     Linda D. Simmons___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/04/05                              |
|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. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]