RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 June 2007
      DOCKET NUMBER:  AR20070000663


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dean A. Camarella             |     |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 with oak leaf cluster.

2.  The applicant states, in effect, that he is entitled to award of a
second Purple Heart for injuries he received when he fell into a pungy pit
while on patrol.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), a copy of DD Form 215
(Correction of DD Form 214, Certificate or Release from Active Duty), a
copy of DD Form 1380 (U.S. Field Medical Card), and a copy of Standard Form
509 Clinical Record in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 September 1967.  The application submitted in this
case is dated 13 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's records show he was inducted in the Army of the United
States on 1 October 1965.  He completed basic combat training and advanced
individual training and was awarded the military occupational specialty
(MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while
serving on active duty was Sergeant (SGT).

4.  On 17 January 1968, the applicant was honorably released from active
duty after completing a total of 1 year, 11 months, and 29 days of active
military service.  The DD Form 214 he was issued shows he earned the
following awards during his active duty tenure:  the Purple Heart, the
Combat Infantryman Badge (CIB), the National Defense Service Medal (NDSM),
the Vietnam Service Medal (VSM) with 1 bronze service star, the Republic of
Vietnam Campaign Medal, and the Army Commendation Medal (ARCOM) with “V”
Device and 1 oak leaf cluster.
5.  There are no orders in the applicant’s service personnel record which
show that he was awarded the Purple Heart with oak leaf cluster.  Item 41
(Awards, Decorations and Campaigns) of the applicant's DA Form 20 (Enlisted
Qualification Record) does not show award of the Purple Heart with oak leaf
cluster and Section 42 (Remarks) of the applicant’s DA Form 20 does not
show any entries for wounds received.

6.  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 with oak leaf cluster.

7.  The applicant's name is not listed on The Adjutant General Casualty
Division's Vietnam Casualty Roster, as being wounded in action as a result
of hostile action.

8. The DA Form 1380 (Field Medical Card), dated 14 May 1967, shows that the
applicant received a left knee quadriceps ligament tear.

9.  The SF Form 509 shows that on 15 May 1967, the applicant sought medical
treatment for a twisted leg he received while on patrol the previous day.

10.  On 7 April 1982 a DD Form 215 was issued to correct item 24 of the
original DD Form 214 by:

      a.  deleting the VSM with 1 bronze service star, the ARCOM with “V”
Device and 1 oak leaf cluster; and


      b.  adding the VSM with 3 bronze service stars, the ARCOM with “V”
Device and 2 oak leaf clusters, the Good Conduct Medal, the Republic of
Vietnam Campaign Medal with “60” Device, the Expert Badge with Rifle Bar,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and
the Republic of Vietnam Civil Actions Honor Medal, 1st Class.

11.  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.  For subsequent award Oak Leaf Cluster
will be worn on the medal or ribbon.  Not more than one award will be made
for more than one wound or injury received at the same instant or from the
same missile, force, explosion, or agent.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
with oak leaf cluster.

2.  There are no general orders that show the applicant was awarded a
second 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 statement submitted does not provide an eyewitness
account of how the applicant was injured.  In the absence of such evidence,
there is insufficient basis to grant award of the Purple Heart with oak
leaf cluster in this case.

3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 September 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
28 September 1970.  Although the request was not submitted within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file based on the fact that 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

___JTM__  ___WFC_  ___DAC_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

   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 to show award of
the Purple Heart with oak leaf cluster.


                                  ____  John T. Meixell_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20070000663                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/06/28                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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