RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070006402


      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 Gulley                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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, in effect, that his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) should reflect award of
a Purple Heart.

3.  The applicant provided a copy of his DD form 214 and copies of Standard
Form 600 (Chronological Record of Medical Care).

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 is requesting correction of an alleged error or injustice
which occurred on 11 May 1970.  The application submitted in this case is
dated
24 April 2007.

3.  The applicant's DD Form 214 shows he enlisted in the U.S. Army 24 April
1967.  He was awarded the military occupational specialty (MOS)
Rifleman (11B).  The highest rank he attained while serving on active duty
was Specialist Four (SP4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 10 November 1967 through
27 November 1968, and that during his RVN tour he was assigned to 2nd
Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade, performing
duties in MOS 11B, Rifleman.

5.  Item 39 (Campaigns) of the applicant's DA Form 20 shows that he
participated in the TET Counteroffensive and the Vietnam Counteroffensive
Phase III campaigns.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that he earned the Air Medal, the Vietnam Service Medal (VSM), the Combat
Infantryman Badge (CIB), the Republic of Vietnam Campaign Medal (RVNCM)
with “60” Device, one Overseas Service Bar, the Basic Parachutist Badge,
and the Marksman Marksmanship Rifleman Badge (M-16).

7.  On 11 May 1970, the applicant was transferred to the United States Army
Reserve (USAR) after completing a total of 3 years, 0 months, and 0 days
years of active military service.  Item 24 (Decorations, Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows
award of the National Defense Service Medal.

8.  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.  Section 41 (Awards and Decoration) of
the applicant's DA Form 20 does not show award of the Purple Heart.
Section
42 (Remarks) of the applicant’s DA Form 20 (Service Record) does not show
any entries for wounds received.

9.  The SF Form 600 shows that the applicant received treatment for an
infection to his left forearm on 12 May 1968 but the SF Form 600 does not
show that he sustained injuries as a result of hostile action or that his
treatment was for wounds sustained as a result of hostile action.

10.  The Vietnam Casualty Roster does not list the applicant as wounded by
hostile forces.  There are no general orders that show the applicant was
awarded the Purple Heart.  There is no evidence in the available records
which show that the applicant sustained injuries as a result of hostile
action or that he was treated for wounds sustained as a result of hostile
action.

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.

12.   A  review  of  the  applicant’s  records  indicates   entitlement   to
additional awards and decorations that are not shown on his DD Form 214.
13.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in the Vietnam Counteroffensive Phase III, TET
Counteroffensive, the Vietnam Counteroffensive Phase IV, the Vietnam
Counteroffensive Phase V, and the Vietnam Counteroffensive Phase VI
campaigns during his tour of duty in the Republic of Vietnam.  This same
regulation states that a bronze service star will be awarded for wear on
the Vietnam Service Medal for participation in each campaign.  Additionally
a silver service star is authorized in lieu of five bronze service stars.

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 2nd Battalion, 503rd Infantry Regiment,
it was cited for award of the Presidential Unit Citation for the period 6
November to
23 November 1967, by Department of the Army General Orders Number 5, dated
1979.

15.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 2nd Battalion, 503rd Infantry Regiment,
it was cited for award of the Republic of Vietnam Gallantry Cross with Palm
for the period
5 May 1965 to 26 September 1971, by Department of the Army General Orders
Number 51, dated 1971.

16.  For Vietnam service, one overseas service bar is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as whole months for credit
toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  There are no general orders that show the applicant was awarded the
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.  In the absence of such evidence, there is insufficient
basis to grant award of the Purple Heart.

3.  General Orders show the 2nd Battalion, 503rd Infantry Regiment was
awarded the Presidential Unit Citation which is not shown on his separation
document.  Therefore, he is entitled to correction of his records to show
this award.
4.  General Orders show the 2nd Battalion, 503rd Infantry Regiment was
awarded the Republic of Vietnam Gallantry Cross with Palm which is not
shown on his separation document.  Therefore, he is entitled to correction
of his records to show this award.

5.  Records show the applicant participated in five campaigns during his
service in Vietnam.  Therefore, he is eligible for award of one silver
service star to be affixed to his already-awarded Vietnam Service Medal.

6.  Records show the applicant completed two periods of qualifying active
federal service in the Republic Vietnam.  Therefore, he is eligible for
award of one additional overseas service bar.

7.  Evidence shows that the applicant’s records contain administrative
error which does 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

___WDP_  ___LMD _  ___JLP__  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 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 award of
the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross
with Palm, one silver service star to be affixed to his already-awarded
Vietnam Service Medal, and the 2nd Overseas Service Bar.




                                  __  _William D. Powers____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070006402                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/25                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY with note                          |
|REVIEW AUTHORITY        |MS. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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