RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 June 2007
      DOCKET NUMBER:  AR20070000110


      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. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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 received a wound from enemy fire on his
forehead (.45 caliber enemy gun) on 5 November 1965 while discovering an
underground enemy hospital.  He never got treated for the injury while on
active duty, because he just kept on going.

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 19 January 1966.  The application submitted in this case
is dated   18 December 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 was inducted into the Army on 21 January 1964.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 111.00 (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to Company B, 2d
Battalion, 16th Infantry on or about 14 July 1965.  He departed Vietnam on
     18 January 1966 after being credited with participation in two
campaigns.

5.  Section 8 (Wounds Received through Enemy Action) of the applicant’s DA
Form 24 (Service Record) does not show that he was wounded.  His name is
not on the Vietnam Casualty Roster.

6.  The applicant was honorably released from active duty on 19 January
1966.  His DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) shows he was awarded the Expert Marksmanship
Qualification Badge (Rifle M1), the Sharpshooter Marksmanship Qualification
Badge (Rifle M14), the Expert Marksmanship Qualification Badge (.45 caliber
Pistol), the Expert Marksmanship Qualification Badge (Rifle M14), the
Combat Infantryman Badge, the Army Good Conduct Medal, and the Vietnam
Service Medal.  Item 27 (Wounds Received as a Result of Action with Enemy
Forces) contains the entry, “NONE.”

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Purple Heart 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.

8.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam
Campaign Medal with device 1960 to personnel who have served in the
Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March
1973, inclusive, or have served for less than 6 months and have been
wounded by hostile forces.

9.  Army Regulation 600-8-22 provides for 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.

10.  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 2d Battalion, 16th Infantry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 12 July 1965 through       16 October 1968 by Department of
the Army General Orders (DAGO) Number 32, dated 1969.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 2d Battalion, 16th Infantry, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 12 July 1965 through 7 April 1970 by DAGO Number
53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record to show the applicant was wounded in
action.  In addition, the applicant acknowledges that he received no
medical treatment for the wound he contends he received on 5 November 1965.
 The eligibility criteria for award of the Purple Heart requires that the
wound must have required treatment by a medical officer and the medical
treatment must have been made a matter of official record.  Regrettably,
there is no evidence of record to show the applicant is eligible for award
of the Purple Heart.

2.  The applicant was assigned to Vietnam for more than six months.
Therefore, he met the eligibility criteria for award of the Republic of
Vietnam Campaign Medal with device 1960, and this award should be added to
his DD Form 214.

3.  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 two unit awards should be added to his DD Form 214.

4.  The applicant was credited with participation in two campaigns and so
is eligible to wear two bronze service stars on his Vietnam Service Medal.

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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 January 1966; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         18 January 1969.  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

__cd____  __mjf___  __jcr___  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 DD Form 214 of the
individual concerned to add the Republic of Vietnam Campaign Medal with
device 1960, 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 two bronze service stars
on his already-awarded Vietnam Service Medal.




                                  __Carmen Duncan_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000110                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070607                                |
|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.                      |                                        |


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