RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       10 May 2007
      DOCKET NUMBER:  AR20060014381


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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, that he received shrapnel wound to his
right let and the tip of his left index finger while serving in the
Republic of Vietnam (RVN) in 1967.

3.  The applicant provides a Clinical Record Cover Sheet and Separation
Document (DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 3 June 1968, the date of his separation.  The application
submitted in this case is dated 29 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 and
entered active duty on 23 August 1966.  He was trained in, awarded, and
served in military occupational specialty (MOS) 36C (Lineman), 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 that
he served in the RVN from 18 February 1967 through 1 June 1968.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
Company A and Company C of the 121st Signal Battalion, performing duties in
MOS 36C as a radio telephone operator and team chief.

5.  Item 40 (Wounds) of the applicant's DA Form 20 is blank, and Item 41
(Awards and Decorations) shows he earned the National Defense Service Medal
(NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal, Meritorious Unit
Commendation (MUC), and Expert Marksmanship Qualification Badge with Rifle
Bar.  The PH is not included in the list of awards in Item 41.
6.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
documents or orders showing that he was ever recommended for or awarded the
PH by proper authority while serving on active duty.  It is also void of
any medical treatment records that indicate he was ever treated for a
combat related wound or injury that he received as a result of enemy
action.

7.  The applicant's MPRJ does contain Headquarters, 1st Infantry Division
General Order (GO) Number (#) 4678, dated 19 May 1968, which awarded the
applicant the Army Commendation Medal (ARCOM) for his meritorious service
during the period June 1967 through May 1968.  It also contains
Headquarters, 1st Infantry Division GO # 4762, dated 21 May 1968, which
awarded him the Army Good Conduct Medal (AGCM) for his qualifying active
duty service.

8.  On 3 June 1968, the applicant was honorably separated after completing
1 year, 9 months, and 11 days of active military service.  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of the DD Form 214 he was issued at the time shows
he earned the following awards during his active duty tenure:  NDSM; VSM;
RVN Campaign Medal; and MUC.  The PH is not included in the list of awards
contained in Item 24, and the applicant autenticated this document with his
signature in Item 32 (Signature of Person Being Transferred or Discharged)
on the date of his separation.

9.  The applicant provides a Clinical Record Cover Sheet, dated 5 December
1967, which indicated that the applicant suffered a traumatic amputation of
the tip of his left finger on 5 December 1967, when he caught his finger in
a pulley.  This treatment record indicates the applicant was performing his
duty at the time he suffered the injury; however, it does not indicate the
injury was received as a result of enemy action.

10.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
review revealed no entry pertaining to the applicant on this roster.

11.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's
awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining
to awarding the PH.  It states, in pertinent part, that in orders to
support award of the PH there must be evidence that the wound for which the
award is being made was received as a result of enemy action, that the
wound required treatment by military medical personnel, and a record of
this treatment must have been made a matter of official record.

12.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.
It states, in pertinent part, that a bronze service star is authorized with
this award for each campaign a member is credited with participating in
while serving in the RVN.

13.  Table B-1 of the awards regulation contains a list of RVN campaigns.
It shows that during the applicant's tenure of assignment in the RVN,
participation credit was granted for the Vietnam Counteroffensive Phase II,
Vietnam Counteroffensive Phase III, TET Counteroffensive, and Vietnam
Counteroffensive Phase IV campaigns.

14.  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 during his tenure of
assignment in the RVN, the applicant’s unit (121st Signal Battalion) earned
the MUC, RVN Civil Actions Honor Medal First Class Unit Citation and RVN
Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he received shrapnel wounds to his
right leg and the tip of his left index finger while serving in the RVN was
carefully considered.  However, there is insufficient evidence to support
this claim.

2.  By regulation, in order to support award of the PH, there must be
evidence that the wound for which the award is being made 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 medical treatment must
have been made a matter of official record.  The applicant provides a
medical treatment record that shows he was treated for a traumatic
amputation of the tip of the left index finger as a result of getting his
finger caught in a pulley on 5 December 1967, while serving in the RVN.
Although this treatment record shows he was performing his duties at the
time of the accident, it does not indicate he received this injury as a
result of enemy action.  Further, there are no medical treatment records on
file that indicate he was ever treated for shrapnel wounds received as a
result of enemy action while serving in the RVN.

3.  Item 40 of the applicant's 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 entered.  His MPRJ is void of any orders or other
documents showing that he was ever recommended for, or awarded the PH by
proper authority during his active duty tenure.  It is also void of any
medical treatment records that indicate he was ever treated for a combat
related wound while serving on active duty.

4.  Further, the list of authorized awards contained in Item 24 of the
applicant's does not include the PH, and he authenticated this document
with his signature on the date of his separation.  In effect, his signature
was his verification that the information contained on the separation
document, to include the list of awards, was correct at the time it was
prepared and issued.  Finally, his name is not included on the Vietnam
Casualty Roster, the official DA list of RVN battle casualties.  Therefore,
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 3 June
1968, the date of his separation.  Therefore, the time for him to file a
request for correction of any error or injustice expired on 2 June 1971.
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 the applicant was awarded the ARCOM, AGCM, and
Expert Marksmanship Qualification Badge with Rifle Bar while serving on
active duty, and that based on his service and campaign participation in
the RVN, he is entitled to the RVN Gallantry Cross with Palm Unit Citation,
RVN Civil Actions Honor Medal First Class Unit Citation, and 4 bronze
service stars with his VSM.  Therefore, it would be appropriate to add
these awards to his separation document at this time.  The omission of
these awards from his record is an administrative matter that does not
require Board action.  Therefore, the Case Management Support Division
(CMSD), St. Louis, Missouri, will administratively correct the record 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

___KLW_  __PHM __  __KSJ __  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 concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show his entitlement to the Army Commendation
Medal, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with
Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle
Bar, and 4 bronze service stars with his Vietnam Service Medal; and by
providing him a correction to his separation document that includes these
changes.




                                  _____Kenneth L. Wright___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014381                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/05/10                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY w/ note                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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