RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2007
      DOCKET NUMBER:  AR20070005877


      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. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 that the Purple Heart be added to his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant makes no additional statement.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 27 July 1965.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11C (Infantry Indirect Fire
Crewman).

3.  The applicant arrived in Vietnam and was assigned to Company B, 5th
Battalion, 7th Cavalry on 9 May 1967.  He was attached to Headquarters, U.
S. Army Vietnam on 23 August 1967.  He was reassigned to Headquarters and
Headquarters Company, Americal Division on 1 December 1967.  He was
reassigned to Headquarters and Headquarters Battery, 23d Infantry Division
Artillery on 28 March 1968.

4.  The applicant departed Vietnam on 26 April 1968 after being credited
with participation in four campaigns.

5.  The applicant’s service medical records are available.  He was treated
on    23 May 1967 for a bruised left leg occurred when jumping from a
helicopter; on 13 June 1967 to be revaluated for the bruised left leg; on
15 June 1967 for x-rays of the left leg; on 10 July 1967 for severe
headaches; on 16 August 1967 when a [mechanical] mule turned over on him
causing trauma to the lower thoracic and abdominal area; on 26 August 1967
for leg pain the result of hitting his left leg against the steel edge of a
boat in January 1966; on 8 September 1967 for malaise with some chills,
cramps, and diarrhea; on 23 October 1967 for cramps and diarrhea; on 24
October 1967 for cramps; on 19 November 1967 for swelling of the toe on the
right foot; on 22 February 1968 for back trouble after slipping off a truck
and falling; and on 18 April 1968 for removal of warts.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification
Record) does not show he was wounded.  His name is not on the Vietnam
Casualty Roster.

7.  The applicant was released from active duty on 2 September 1969.  His
DD Form 214 shows he was awarded the National Defense Service Medal, the
Combat Infantryman Badge, the Vietnam Service Medal with two bronze service
stars, the Expert Marksmanship Qualification Badge with Rifle Bar, and the
Republic of Vietnam Campaign Medal.

8.  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
military medical personnel, and the medical treatment must have been made a
matter of official record.

9.  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.

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 5th Battalion, 7th Cavalry, it was cited for
award of the Valorous Unit Award for the period 1 through 31 October 1967
by Department of the Army General Orders (DAGO) Number 39, dated 1970.

11.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 5th Battalion, 7th Cavalry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period      9 August 1965 through 19 May 1969 by DAGO
Number 59, dated 1969.

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's attachment to Headquarters, U. S. Army Vietnam, it was
cited for award of the Meritorious Unit Commendation for the period 1
September 1966 through 31 August 1967 by DAGO Number 10, dated 1968.
DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant provides none to show
he was wounded in action.  There is insufficient evidence on which to base
amending his DD Form 214 to add the Purple Heart.

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

3.  The applicant was assigned to the 5th Battalion, 7th Cavalry, during a
period of time the unit was cited for award of the Valorous Unit Award and
the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He was
attached to Headquarters, U. S. Army Vietnam, during a period of time it
was cited for award of the Meritorious Unit Commendation.  These three unit
awards 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__rtd___  __cad___  __eem___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 records of the
individual concerned by amending his DD Form 214 to add the Valorous Unit
Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
the Meritorious Unit Commendation and to show he is authorized to wear four
bronze service stars on his already-awarded Vietnam Service Medal.




                                  __Richard T. Dunbar___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005877                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070927                                |
|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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