RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 June 2007
      DOCKET NUMBER:  AR20070000876


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 his medical records for 30 March 1970 show
“Multiple incision cuts frags in arm, legs, abdomen.  All superficial
removed (with) forceps, and cleaned and dressed.”  He states he was wounded
by an enemy booby trap explosion.  He recalls that three other individuals
were injured in the same incident (J___, L___, and R___).

3.  The applicant provides a copy of a Standard Form 600 (Chronological
Record of Medical Care).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 May 1971.  The application submitted in this case is
dated           3 January 2007.

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 15 May 1969.  He completed
basic combat training and advanced individual training and was awarded
military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to Company B, 1st
Battalion, 6th Infantry, 198th Infantry on 24 October 1969.

5.  The applicant provided a Standard Form 600 that shows he was treated
for multiple incision cuts [to] and fragments in his arm, legs, and
abdomen.  The form does not show how the wounds were incurred or that they
were incurred as a result of hostile action.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification
Record) does not show he was wounded in action.  His name is not listed on
the Vietnam Casualty Roster.
7.  The applicant departed Vietnam on 5 October 1970 after being credited
with participation in four campaigns.

8.  The applicant was honorably released from active duty on 14 May 1971.
His DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) shows he was awarded the National Defense Service Medal, the
Vietnam Service Medal with two bronze service stars, the Republic of
Vietnam Campaign Medal with device 1960, the Combat Infantryman Badge, the
Bronze Star Medal, and the Army Commendation Medal.

9.  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.

10.  Army Regulation 600-8-22 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.


11.  Department of the Army General Orders Number 8, 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Although the medical records provided by the applicant show he was
wounded, there is no evidence of record to substantiate his contention that
he was wounded as a result of hostile action.  Regrettably, there is
insufficient evidence that would warrant granting award of the Purple
Heart.

2.  The applicant was credited with participation in four campaigns;
however, his DD Form 214 shows he is authorized to wear only two bronze
service stars on his Vietnam Service Medal.  His DD Form 214 should be
amended to show he is authorized to wear four bronze service stars on his
Vietnam Service Medal.

3.  All units that served in Vietnam were awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  This unit award should be added
to his DD Form 214.
4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 May 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         13 May 1974.  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

__mkp___  __rdg___  __rch__  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 Gallantry Cross with
Palm Unit Citation and to show he is authorized to wear four bronze service
stars on his already-awarded Vietnam Service Medal.




                                  Margaret K. Patterson_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000876                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070614                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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