RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2007
      DOCKET NUMBER:  AR20070005928


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, in effect, award of the Purple Heart (PH).

2.  The applicant states, in effect, that while serving in the Republic of
Vietnam (RVN) in 1970, three weeks before he came home during a night
attack, he was thrown into a bunker, hit his head and was knocked out.  He
claims he sustained scrapes and cuts and was told he would be put in for
the PH.  He states he was discharged three weeks later.  He indicates that
has not attempted to obtain the PH in all these years because he had come
home.  He states now that he is messed up with Agent Orange, has Chronic
Leucocytes Leukemia (CLL), and is 100 percent disabled, he believes he
deserves the award.

3.  The applicant provides a self-authored statement and separation
document (DD Form 214) in support of his application.

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's record shows that he was initially inducted into the
Army and entered active duty on 2 November 1967.  On 7 November 1967, he
was honorably discharged for the purpose of immediate enlistment in the
Regular Army and on 8 November 1967, he enlisted in the RA for 3 years.  He
was trained in and awarded military occupational specialty (MOS) 31E (Field
Radio Repairer), and the highest rank he attained while serving on active
duty was specialist five (SP5).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 6 July 1969 through 5 July 1970.  Item 38 (Record of
Assignments) shows that during his RVN tour he served in the 588th Signal
Company, performing duties in MOS 31E as a field radio repairer.  Item 40
(Wounds) is blank and the PH is not included in the list of awards
contained in Item 41 (Awards and Decorations).

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains no
orders or other documents that indicate the applicant was ever recommended
for or awarded the PH by proper authority while serving on active duty.  It
is also void of any medical treatment records that show the applicant was
ever treated for a combat-related wound or injury while serving on active
duty.

5.  On 5 July 1970, the applicant was honorably released from active duty
in the rank of SP5 after completing a total of 2 years, 8 months, and 2
days of active military service.  The DD Form 214 he was issued at the time
shows, in Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) that he earned the following
awards during his active duty tenure:  National Defense Service Medal;
Vietnam Service Medal; RVN Campaign Medal with 60 Device; Army Commendation
Medal; Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and 3
Overseas Service Bars.  The PH is not included in the list of awards
contained in Item 24 and the applicant authenticated this document with his
signature in Item 32 (Signature of Person Being Transferred or Discharged)
on the date of his separation.

6.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The
applicant's name was not included on this casualty list.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that the wound for
which the award is being made was received as a result of enemy action,
that the wound required treatment by military medical personnel, and a
record of this treatment must have been made a matter of official record.

8.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal and states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with participating in while serving in the RVN.


9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (588th Signal Company) received
the Meritorious Unit Commendation (MUC) and the RVN Gallantry Cross with
Palm Unit Citation. It further shows that during this period, participation
credit was granted for the Vietnam Summer-Fall 1969, Vietnam Winter-Spring
1970, Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase
VII campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully
considered.  However, by regulation, in order to support award of a PH
there must be evidence that the wound for which the award is being made was
received as a result of enemy action, that the wound required treatment by
military medical personnel, and a record of this treatment must have been
made a matter of official record.

2.  Item 40 of the applicant's DA Form 20 is blank, which indicates he was
never wounded in action, and the PH is not included in the list of awards
contained in Item 41.  The PH is not included in the list of awards
contained in Item 24 of his DD Form 214, which he authenticated with his
signature on the date of his separation.  In effect, his signature was his
verification that the information contained on the separation document was
correct at the time it was prepared and issued.

3.  Further, the applicant's MPRJ is void of any orders or other documents
that indicate he was ever recommended for or awarded the PH by proper
authority, and it contains no medical treatment records that show he was
treated for a combat-related wound or injury while serving on active duty.
Therefore, absent any independent evidence showing he was wounded in action
or awarded the PH by proper authority while serving on active duty, the
regulatory burden of proof necessary to support award of the PH has not
been satisfied in this case.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement related to award of the
PH.

5.  The evidence of record does show that based on his service and campaign
participation in the RVN, he is entitled to the MUC, RVN Gallantry Cross
with Palm Unit Citation, and 4 bronze service stars with his Vietnam
Service Medal.  The omission of these awards from his separation document
is an administrative matter that does not require Board action.  Therefore,
the Case Management Support Division (CMSD), St. Louis, Missouri, will
administratively correct his record 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

__JCR __  __DAC __  __QAS__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice related to award of the Purple Heart.  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 error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show his entitlement to the Meritorious Unit Commendation,
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 4 bronze
service stars with his Vietnam Service Medal; and by providing him a
correction to his separation document that includes these changes.




                                  _____Jeffrey C. Redmann_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005928                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/07/05                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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