RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 July 2007
      DOCKET NUMBER:  AR20070001480


      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:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. William F. Crain              |     |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 completely deaf for three consecutive days
after a fire fight.  He went to the hospital in Da Nang where he was rated
[with] a       50 percent hearing loss.

3.  The applicant states he provides a letter to his wife as supporting
evidence; however, no evidence was attached to his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 March 1970.  The application submitted in this case is
dated         9 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 23 May 1968.  He completed
basic combat training and advanced individual training and was awarded
military occupational specialty (MOS) 70A (General Clerk).  He was later
awarded MOS 76Y (Armorer).

4.  The applicant arrived in Vietnam and was assigned to Company C, 19th
Engineer Battalion (Combat) (Army) on 19 June 1969 where he performed
duties as a general clerk and armorer.  He was reassigned to Headquarters
 and Headquarters Company, 19th Engineer Battalion (Combat) (Army) on
  17 November 1969 where he performed duties as an armorer.  He departed
Vietnam on 7 March 1970 after being credited with participation in two
campaigns.

5.  The applicant was released from active duty on 7 March 1970.  His DD
Form 214 shows he was awarded the National Defense Service Medal, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal, one Overseas
Bar, and the Marksman Marksmanship Qualification Badge M-14.
6.  The applicant’s name is not on the Vietnam Casualty Roster.  Item
        40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does
not show  he was wounded.  His service medical records are not available.

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 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation.  This regulation states that authorized bronze service stars
will be worn on the appropriate campaign or service medal including the
Vietnam Service Medal.

9.  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.  There is no evidence of record and the applicant provides none to show
he was wounded or treated for wounds, his name is not on the Vietnam
Casualty Roster, and he provides no details of how or when he was injured.
Therefore, there is insufficient evidence to show he met the eligibility
criteria for award of the Purple Heart.

2.  The applicant was credited with participation in two campaigns and he
is therefore eligible to wear two bronze service stars on his Vietnam
Service Medal. All units in Vietnam were later awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  These awards should be
added to his DD Form 214.

3.  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.


4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 March 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           6 March 1973.  Although the applicant did not file
within the 3-year statute of limitations, failure to timely file should be
waived based on the fact 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

__jea___  __jam___  __wfc___  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 by adding the Republic of Vietnam Gallantry Cross with
Palm Unit Citation and two bronze service stars to be worn on his already-
awarded Vietnam Service Medal.




                                  __James E. Anderholm_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001480                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070712                                |
|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.                      |                                        |


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