RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 February 2008
      DOCKET NUMBER:  AR20070012393


      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. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Antonio Uribe                 |     |Member               |
|     |Mr. Ronald D. Gant                |     |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, he should have been awarded the PH for
shrapnel injuries he received in his neck.  He claims his unit commander
told him and two other Soldiers he was going to put them in for a PH due to
the injuries they received when a mortar hit near them.

3.  The applicant provides his Patient’s Baggage Tags (DD Forms 600); and
3rd Field Hospital, United States Army Vietnam (USARV), Admission and
Disposition Sheet for Period Ending 2400 Hours, 11 February 1969, 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 he enlisted in the Regular Army and
entered active duty on 11 July 1967.  He was trained in and awarded
military occupational specialty (MOS) 71H (Personnel Specialist), and
specialist five (SP5) is the highest rank he attained while serving on
active duty.

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 10 July 1968 through 9 July
1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he
was assigned to the 581st Military Intelligence Detachment through 31
December 1968; and to the Capital Military Assistance Command (CMAC) from 1
January through 9 July 1969, performing duties in MOS 71H as a general
clerk, personnel management specialist, and personnel records specialist.

4.  Item 40 (Wounds) of the applicant's DA Form 20 is blank and Item 41
(Awards and Decorations) shows that he earned the following awards during
his active duty tenure:  National Defense Service Medal (NDSM); Vietnam
Service Medal (VSM); RVN Campaign Medal (RVNCM) with Device (1960); Army
Commendation Medal (ARCOM); Army Good Conduct Medal (AGCM); 2 Overseas
Service Bars; and Sharpshooter Marksmanship Qualification Badge with Rifle
Bar.  The PH is not included in the list of awards in Item 41 and Item 48
(Date of Audit) shows the applicant last audited the DA Form 20 on 25
August 1969.

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
medical treatment record that shows the applicant was ever treated for a
combat- related wound or injury while serving in the RVN.  It is also void
of any orders or other documents indicating that he was ever recommended
for or awarded the PH by proper authority while serving on active duty.

6.  On 11 April 1970, the applicant was honorably released from active duty
after completing 2 years, 9 months, and 1 day of active military service.
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) of the separation document (DD Form 214) he
was issued at the time shows that he earned the following awards during his
active duty tenure:  NDSM; AGCM; VSM; RVNCM; Sharpshooter Marksmanship
Qualification Badge with Rifle Bar; and 2 Overseas Service Bars.  The PH is
not included in the list of awards contained in Item 24 and the applicant
authenticated the DD Form 214 with his signature in Item 32 (Signature of
Person Being Transferred or Discharged) on the date of his separation.

7.  Based on a prior application he submitted to this Board pertaining to
award of the Army Commendation Medal, the applicant was issued a correction
to his DD Form 214 (DD Form 215) on 24 October 2006, which added the ARCOM,
RVN Gallantry Cross with Palm Unit Citation, VSM with 4 bronze service
stars, and the RVN Civil Actions Honor Medal First Class Unit Citation
Badge to Item 24 of his 11 April 1970 DD Form 214.

8.  The applicant provides a 3rd Field Hospital, RVN, Admission and
Disposition  Sheet for 11 February 1969.  This document shows he was
admitted to a ward at the hospital at 1145 on 11 February 1969.  He also
provided his Patient’s Baggage Tags, dated 11 February 1969.  These
documents do not contain the circumstances surrounding the applicant's
admission, nor do they document the medical condition or injury for which
he was treated.

9.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army Vietnam Casualty Roster.  There is no
entry pertaining to the applicant contained on this roster of RVN
casualties.

10.  A member of the Board staff also reviewed the Awards and Decorations
Computer Assisted Retrieval System (ADCARS) maintained by the Military
Awards Branch, United States Army Human Resources Command (HRC), which is
an index of orders issued during the Vietnam era between 1965 and 1973.  No
PH orders pertaining to the applicant were in this file.

11.  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 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 the medical treatment must have been made a matter of official
record.

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 the PH,
there must be evidence that the wound or injury for which the award is
being made was received as a result of enemy action; that it required
treatment by military medical personnel; and a record of this medical
treatment must have been made a matter of official record.

2.  Although the applicant provides a hospital admission and disposition
sheet and patient’s baggage tags that show he was admitted to the hospital
in the RVN on 11 February 1969, these documents give no information
regarding the circumstances surrounding his admission, or regarding the
medical condition or injury for which he was treated.  Further, his record
is void of any medical treatment records that indicate he was ever treated
for a wound or injury that he received as a result of enemy action while
serving in the RVN.

3.  Further, Item 40 of the applicant's DA Form 20 is blank, which
indicates he was never wounded in action.  The PH is not included in the
list of awards contained in Item 41, and the applicant last audited the DA
Form 20 on
25 August 1969, more than a month after he departed the RVN.  In effect,
his audit of this record was his verification that the information it
contained, to include the Item 40 and Item 41 entries, was correct at that
time.

4.  In addition, the PH is not included in the list of awards contained in
Item 24 of the applicant's DD Form 214, which he authenticated with his
signature on the date of his separation on 11 April 1970.  In effect, his
signature was his verification that the information contained on the DD
Form 214, to include the list of awards contained in Item 24, was correct
at the time the separation document was prepared and issued.

5.  Finally, the applicant's name is not included on the Vietnam Casualty
Roster, the official DA list of RVN casualties and there are no PH orders
on file in the ADCARS maintained at HRC.  Therefore, absent any evidence
showing he was wounded in action, or that he was ever awarded the PH by
proper authority while serving on active duty, there is an insufficient
evidentiary basis to support award of the PH in this case.

6.  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 and correction of his MOS.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__KLW __  __AU ___  __RDG__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  _____Kenneth L. Wright___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070012393                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/01/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/04/11                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |School Early Release                    |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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