RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2007
      DOCKET NUMBER:  AR20070007824


      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 D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Stone                    |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. David W. Tucker               |     |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 he was wounded in action but was
not awarded the Purple Heart.

3.  The applicant did not provide any documents 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 DD Form 214 shows he was inducted into the Army of the
United States on 25 March 1965.  He was awarded the military occupational
specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he
attained while serving on active duty was Private First Class (PFC).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the Republic of Vietnam (RVN) from 14 February 1966 through
13 February 1967, and that during his RVN tour he was assigned to1st
Battalion, 501st Infantry Regiment, performing duties in MOS 11B, Rifleman.


4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that he earned the Parachutist Badge, the Vietnam Service Medal (VSM), the
National Defense Service Medal (NDSM), the Combat Infantryman Badge (CIB),
the Republic of Vietnam Campaign Medal (RVNCM), and the Marksman
Marksmanship Qualification Badge with Rifle Bar (M-16).



5.  On 11 May 1970, the applicant was released from active duty and
transferred to the United States Army Reserve (USAR) after completing a
total of 1 year,
11 months, and 27 days of active military service.  Item 24 (Decorations,
Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or
Authorized) of the applicant’s DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) shows award of the Parachutist
Badge, VSM, NDSM, RVNCM, and the CIB.

6.  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.

7.  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.

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

9.  A review of the applicant’s records indicates entitlement to  additional
awards and decorations that are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in the Vietnam Counteroffensive, the Vietnam Counteroffensive
Phase II, and the Vietnam Counteroffensive Phase III 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.

11.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 1st Battalion, 501st Infantry Regiment,
it was cited for award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation for

the period 20 July 1965 to 28 March 1973, by Department of the Army General
Orders Number 8, dated 1974.

12.  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 1st Battalion, 501st Infantry Regiment was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
which is not shown on his separation document.  Therefore, he is entitled
to correction of his records to show this award.

4.  Records show the applicant participated in three campaigns during his
service in Vietnam.  Therefore, he is eligible for award of three bronze
service stars to be affixed to his already-awarded Vietnam Service Medal.

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

6.  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

___JS ___  ___JTM _  ___DWT_  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation, three
bronze service stars to be affixed to his already-awarded Vietnam Service
Medal, and two Overseas Service Bars.




                                  __  __    John Slone____
                                            CHAIRPERSON





                                    INDEX

|CASE ID                 |AR20070007824                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/10/18                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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