RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 July 2007
      DOCKET NUMBER:  AR20070000890


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. David Haasenritter            |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 that his Report of Transfer or Discharge (DD
Form 214) be corrected to show that he was awarded the Purple Heart.

2.  The applicant states that he was offered a Purple Heart in June 1970,
while he was in Vietnam for a wound that he received to his right leg.  He
states that he did not accept the Purple Heart; however, his records should
show that he is entitled to the award.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 September 1971.  The application submitted in this
case is dated 9 January 2007.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  On 17 September 1969, the applicant enlisted in the Army in Chicago,
Illinois, for 3 years in the pay grade of E-1.  He successfully completed
his training as an equipment storage specialist.  On 20 January 1970, he
was transferred to the Republic of Vietnam.

4.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Vietnam Winter-Spring 1970, which
extended from 1 November 1969 through 30 April 1970; the Sanctuary
Counteroffensive, which extended from 1 May through 30 June 1970; and the
Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970
through 30 June 1971.  The available records fail to show that the
applicant was wounded in action while he was in Vietnam.

5.  The applicant returned to the Continental United States and after a
brief period of being absent without leave from 21 January 1971 through
12 May 1971, he was assigned to Company B, Headquarters Command, Fort
Leonard Wood, Missouri, on 13 May 1971.

6.  He was discharged from the Army on 30 September 1971, under the
provisions of Army Regulation 635-200, chapter 10, for the good of the
service in lieu of trial by court-martial.  He was furnished an Undesirable
Discharge Certificate.  The DD Form 214 that he was furnished at the time
of his discharge fails to show any of the decorations to which he is
entitled.

7.  The applicant's Enlisted Qualification Record (DA Form 20) indicates
that he was awarded the National Defense Service Medal, the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal w/Device 1960, the Army
Commendation Medal (First Oak Leaf Cluster), one Overseas Service Bar, and
the Expert Marksmanship Qualification Badge with Hand Grenade Bar.

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 a medical officer, and the medical treatment must have been
made a matter of official record.

9.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
Bronze Service Star, based on qualifying service, for each campaign listed
in its Appendix B and states that authorized Bronze Service Stars will be
worn on the appropriate service medal, in this case, the Vietnam Service
Medal.

10.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to was awarded the Republic of Vietnam Gallantry
Cross w/Palm Unit Citation for the period 1 October 1970 through 31 August
1972, by DAGO Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  A review of the available records fails to show that the applicant was
wounded in action while he was in Vietnam.



2.  His contentions have been noted; however, there is no evidence in the
available record nor has the applicant submitted any evidence that shows he
received a wound to his right leg while he was in Vietnam or that he was
offered a Purple Heart and chose not to accept the decoration.

3.  In accordance with the applicable regulation, 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.  The applicant's records are void of such information and
therefore, he is not entitled to the Purple Heart.

4.  The applicant's records do show that he was awarded the National
Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam
Campaign Medal w/Device 1960, the Army Commendation Medal (First Oak Leaf
Cluster), one Overseas Service Bar, and the Expert Marksmanship
Qualification Badge with Hand Grenade Bar.  His DD Form 214 should be
corrected to reflect his decorations.

5.  He is also entitled to the Republic of Vietnam Gallantry Cross w/Palm
Unit Citation as orders were published awarding the unit to which he was
assigned this decoration and three Bronze Service Stars for wear on his
Vietnam Service Medal.

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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 September 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 September 1974.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JS____  ___DH __  ___LD  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the National Defense
Service Medal, the Vietnam Service Medal w/three Bronze Service Stars, the
Republic of Vietnam Campaign Medal w/Device 1960, the Army Commendation
Medal (First Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross
w/Palm Unit Citation, one Overseas Service Bar, and the Expert Marksmanship
Qualification Badge with Hand Grenade Bar.





                                  _______John Slone___________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000890                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070717                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.  146                 |107.0100/RVNGC W/PALM                   |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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