RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 February 2008
      DOCKET NUMBER:  AR20070014184


      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. John T. Meixell               |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 the PH should be added to the
list of awards contained on his separation document (DD Form 214).  He
claims to have been wounded in action in the Republic of Vietnam (RVN) in
January 1968, but never awarded the PH.

3.  The applicant provides a poor quality copy of his Enlisted
Qualification Record (DA Form 20) 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 initially enlisted in the Regular Army
and entered active duty on 1 May 1967.  He was trained in and awarded
military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 22 January 1968, while serving in the RVN, the applicant was
honorably discharged for the purpose of immediate reenlistment.  The DD
Form 214 he was issued at the time shows he was assigned to Company B, 2nd
Battalion, 506th Infantry Regiment, 101st Airborne Division.  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) shows at that time, he had earned the National
Defense Service Medal (NDSM), Parachutist Badge and Vietnam Service Medal
(VSM).

4.  On 23 January 1968, the applicant reenlisted for 3 years.  His original
DA Form 20 was not included in the Military Personnel Records Jacket (MPRJ)
provided to the Board for review.  His MPRJ is void of any medical
treatment records that show he was treated for a combat related wound or
injury while serving in the RVN.  It is also void of any orders or other
documents that indicate he was ever recommended for, or awarded the PH by
proper authority while serving on active duty.  His MPRJ does contain a
Report of Medical Examination, dated 22 December 1970, which documents his
separation physical examination. This document notes defective hearing in
the summary of defects.  It provides no information pertaining to the
applicant being wounded in action.

5.  The applicant's record confirms that he served in the RVN from 16
November 1967 through 3 December 1968, and that during this RVN tour, he
was assigned to Company B, 2nd Battalion, 506th Infantry Regiment.

6.  On 22 January 1971, the applicant was honorably separated after
completing a total of 3 years, 8 months and 23 days of active military
service.  Item 24 of the DD Form 214 he was issued at the time shows he
earned the following awards:  NDSM; Pathfinder's Badge; Parachutist Badge;
and Combat Infantryman Badge. 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.

7.  The applicant provides a partially legible DA Form 20 that contains an
illegible entry in Item 40 (Wounds).  The PH is not included in the list of
awards contained in Item 41 (Awards and Decorations) of this record.

8.  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.

9.  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.

10.  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.

11.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each RVN campaign a member is
credited with participating in.  A silver service star is used in lieu of 5
bronze service stars to denote participation in 5 campaigns.

12.  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 (2nd Battalion, 506th Infantry
Regiment) received the Presidential Unit Citation (PUC), Meritorious Unit
Commendation (MUC), RVN Gallantry Cross (RVNGC) with Palm Unit Citation,
and RVN Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation.  It
also confirms that during his tenure of assignment in the RVN,
participation credit was granted for the following campaigns:  Vietnam
Counteroffensive Phase III; TET Counteroffensive; Vietnam Counteroffensive
Phase IV; Vietnam Counteroffensive Phase V; and Vietnam Counteroffensive
Phase VI.

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 for which the award is being made was
received as a result of enemy action, that the wound was treated by
military medical personnel, and a record of this medical treatment must
have been made a matter of official record.

2.  The evidence of record is void of any indication that the applicant was
ever wounded or injured as a result of enemy action.  His record is void of
orders or any other documents that indicate he was ever recommended for or
awarded the PH by proper authority while serving on active duty.
3.  The applicant's record is also void of any medical treatment records
showing that he was ever treated for a combat related wound or injury while
serving in the RVN, and the PH is not included in the list of awards
contained in Item 24 of either of the DD Forms 214 he was issued, both of
which he authenticated with his signature on the date they were issued.  In
effect, his signature on these separation documents was his verification
that the information contained on them, to include the list of awards
contained in Item 24, was correct at the time they were prepared and
issued.

4.  Finally, the applicant's name is not included on the Vietnam Casualty
Roster, the official DA list of RVN battle casualties, and there are no PH
orders pertaining to the award on file on the ADCARS maintained at HRC.  As
a result, the regulatory burden of proof has not been satisfied in this
case.  Absent any evidence of record to corroborate the entry contained on
the partially legible DA Form 20 provided by the applicant, there is an
insufficient evidentiary basis to support granting the requested relief at
this late date.

5.  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.

6.  The evidence of record does show that based on his RVN service and
campaign participation, he is entitled to the PUC, MUC, RVNGC with Palm
Unit Citation, RVCAHM First Class Unit Citation and 1 silver service star
with his VSM.  The omission of these awards from his record and 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 and separation document
as outlined in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION
section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JTM __  __CD ___  __RMN__  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 Presidential Unit Citation,
Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with
Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation and 1 silver service star with his Vietnam Service
Medal; and by providing him a correction to his separation document that
includes these awards.




                                  _____John T. Meixell______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070014184                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/01/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/01/22                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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