RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 May 2007
      DOCKET NUMBER:  AR20060016958


      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:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy       |     |Member               |
|     |Mr. James R. Hastie               |     |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 was not granted the Purple Heart because his
unit stood down and personnel were reassigned before he was released from
the hospital and medically evacuated to Fort Jackson, SC.  His left little
finger was torn off.

3.  The applicant states they were in a night defensive position and were
not allowed lights for repair of their equipment.  A support roller from a
bulldozer, weighing several pounds, broke and fell on his left hand,
cutting his finger off.

4.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 November 1987.  The application submitted in this case
is dated 31 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 enlisted in the Regular Army on 29 November 1967.  He
arrived in Vietnam and was assigned to Company D, 864th Engineer Battalion
(Construction) on or about 1 May 1969.  He departed Vietnam on or about 7
April 1970 after being credited with participation in three campaigns.  He
was reassigned to Vietnam on or about 11 October 1971 and was assigned to
Headquarters and Headquarters Company, 31st Engineer Battalion.  He
departed Vietnam in a patient status on 11 February 1972 after being
credited with participation in two campaigns.

4.  The applicant’s name is not listed on the Vietnam Casualty Roster.

5.  The applicant was released from active duty for the purpose of
retirement on 30 November 1987.  His DD Form 214 for the period ending 30
November 1987 shows he was awarded the National Defense Service Medal, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device
1960, the Army Good Conduct Medal (6th Award), the Army Commendation Medal,
the Army Service Ribbon, the Noncommissioned Officer Professional
Development Ribbon), the Overseas Service Ribbon, the Republic of Vietnam
Cross of Gallantry with Palm Unit Citation, and the Parachutist Badge.

6.  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.

7.  Army Regulation 600-8-22, in pertinent part, authorizes award of 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.  One silver service star is worn in lieu of five bronze
service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s explanation of how he injured his finger indicates the
injury was the result of an accident and not the result of hostile action.
While it is recognized the injury was incurred under combat conditions,
regrettably there is insufficient evidence that would warrant granting
award of the Purple Heart.

2.  The applicant was credited with participation in five campaigns while
in Vietnam; therefore, he is eligible to wear one silver service star on
his Vietnam Service Medal.  However, his DD Form 214 for the period ending
30 November 1987 shows that he was awarded only the basic Vietnam Service
Medal.

3.  Evidence shows that the applicant’s records contain an 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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 November 1987; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    29 November 1990.  Although the applicant did not
file within the 3-year statute of limitations, it would be appropriate to
waive failure to timely file as 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

__hof___  __teo__  __jrh___  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 an 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 by amending his DD Form 214 for the period ending 30
November 1987 to show he is eligible to wear one silver service star on his
already-awarded Vietnam Service Medal.




                                  __Hubert O. Fry_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060016958                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070522                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.005                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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