RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2007
      DOCKET NUMBER:  AR20070005522


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Mr. John T. Meixell               |     |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 correction of his Report of Transfer or
Discharge (DD Form 214) to show the appropriate dates of his service in
Vietnam and that he was awarded the Purple Heart.

2.  The applicant states that he was in Vietnam from April 1967 to April
1968 and that he returned to Vietnam in December 1971 where he remained
until October 1972.  He states that he was sergeant of guard when he got
hit one night in May 1972.  He states that he was at "Biens Hoa" and that
he was a member of Headquarters, Headquarters Company, 5th Battalion, 1st
Calvary (Air Mobile).  He states that his incident was written on the daily
log by his first lieutenant and that he and other members signed the log.
He states that he sent all of his paperwork to the Department of Veterans
Affairs in Louisville, Kentucky.

3.  The applicant provides no additional documentation 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.  On 2 November 1965, the applicant enlisted in the Regular Army in
Louisville, Kentucky, for 3 years, in the pay grade of E-1.  He
successfully completed his training as a construction machine operator.  He
was transferred to Fort Hood, Texas, on 12 March 1966 and he was assigned a
cook military occupational specialty.  He was transferred to Vietnam on 11
April 1967.





3.  The applicant was honorably released from active duty (REFRAD) on
4 November 1966, for the purpose of immediate reenlistment.  However, the
record is void of the DD Form 214 that he was furnished to reflect his
period of service.

4.  The applicant was in Vietnam when he reenlisted in the Army for 3 years
on 5 November 1966.  While in Vietnam, he participated in four campaigns
which included: the Vietnam Counteroffensive, Phase II, which extended from
1 July 1966 through 31 May 1967; the Vietnam Counteroffensive, Phase III,
which extended from 1 June 1967 through 29 January 1968; Tet
Counteroffensive, which extended from 30 January through 1 April 1968; and
the Vietnam Counteroffensive, Phase IV, which extended from 2 April through
30 June 1968.  He was transferred to the Continental United States (CONUS)
on 6 April 1968 and he was assigned to Battery A, 3rd Artillery Regiment,
Fort Knox Kentucky.

5.  The applicant was honorably REFRAD on 13 August 1969 for the purpose of
immediate reenlistment.  The DD Form 214 that he was furnished at the time
of his REFRAD indicates that he was awarded the National Defense Service
Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal
w/Device 1960.

6.  On 14 August 1969, the applicant reenlisted in the RA for 6 years.  He
was transferred to Germany on 28 August 1969.  He was honorably REFRAD for
the purpose of immediate reenlistment on 14 September 1971.  The DD Form
214 that he was furnished at the time of his REFRAD shows that he was
awarded the Army of Occupation Medal and the Army Good Conduct Medal.

7.  The applicant was serving in Germany on 15 September 1971 when he
reenlisted in the RA for 6 years.  He remained in Germany until he was
transferred to Vietnam on 22 December 1971.  While in Vietnam this period,
he participated in two campaigns which included the Consolidation II
Campaign, which extended from 1 December 1971 through 29 March 1972; and
the Vietnam Cease-Fire Campaign, which extended from 30 March 1972 through
28 January 1973.  He remained in Vietnam until he was transferred to CONUS
on 21 June 1972 and assigned to E Company, 1st Engineer Battalion, 1st
Infantry Division, Fort Riley, Kansas.






8.  The applicant was discharged under honorable conditions on 13 November
1975, under the provisions of Army Regulation 635-200, chapter 10, for the
good of the service in lieu of trial by court martial.  The DD Form 214
that he was furnished at the time of his discharge indicates that he was
awarded the National Defense Service Medal, the Army of Occupation Medal,
the "Vietnam Service Medal (w/6CC)", the Republic of Vietnam Campaign Medal
w/Device 1960, three Overseas Service Bars, the Army Good Conduct Medal
(Second Award), the Army Commendation Medal and the "VCofGw/P".  The DD
Form 214 that he was furnished for this period of service also indicates
that he served in Vietnam from 11 April 1967 through 6 April 1968 and from
22 December 71 through 21 June 1972.

9.  A review of the available records, to include the Vietnam Casualty
Roster, fails to show that the applicant was ever wounded/injured as a
result of hostile action by enemy forces while he was in Vietnam.

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Service Medal.  This medal is awarded to all
members of the Armed Forces of the United States for qualifying service in
Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service
included attachment to or assignment for 1 or more days with an
organization participating in or directly supporting military operations.
This same regulation states that a bronze service star will be awarded for
wear on the Vietnam Service Medal for participation in each campaign.

12.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
REFRAD or discharge.

DISCUSSION AND CONCLUSIONS:

1.  A review of the available records, to include the Vietnam Casualty
Roster, fails to show that the applicant was ever wounded/injured as a
result of hostile action by enemy forces while he was in the Army.
Therefore, he is not entitled to award of the Purple Heart,

2.  The available records show that the applicant served in Vietnam from
11 April 1967 through 6 April 1968; and from 22 December 1971 through 21
June 1972.  There is no evidence in the available record nor has the
applicant submitted any evidence to support his contention that he served
in Vietnam from December 1971 through October 1972.  In the absence of
evidence to the contrary, it must be presumed that the dates are currently
reflected on his DD Form 214 as the dates of his service in Vietnam.
Consequently, there is no basis for granting the applicant's request.

3.  However, the "Vietnam Service Medal (w/6CC)" and the "VCofGw/P" that
are currently reflected on his DD Form 214 are incorrect and should be
corrected in accordance with the applicable regulations.

4.  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

__LE____  __RTD___  __JTM__  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 by amending his


final DD Form 214 to show that he was awarded the Vietnam Service Medal
w/one Silver Service Star and one Bronze Service Star, and the Republic of
Vietnam Gallantry Cross w/Palm Unit Citation and by deleting the "Vietnam
Service Medal (w/6CC)" and the "VCofGw/P".




                                  ____    Lester Echols_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070005522                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070823                                |
|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/PUPLE HEART                    |
|3.  303                 |129.0100/SERVICE CREDIT                 |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]