RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 December 2003
	DOCKET NUMBER:  AR2003088563

	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.  

	Mr. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Yolanda Maldonado		Member	
	Mr. James E. Anderholm		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 he be awarded two Purple Hearts.

2.  The applicant states that he was injured in combat while in pursuit of the enemy in September 1965 when the armored personnel carrier he was driving struck a tree and he received a severe gash to his chin.  Several days later while on guard duty he was struck in the left knee by shrapnel from an enemy grenade. He was treated at an Army field hospital.

3.  The applicant provides no documentation in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error, which occurred on 26 February 1966, the date of his DD Form 214 (Report of Transfer or Discharge).  The application submitted in this case is dated 13 March 2003.

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 limitation 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.  He was inducted and entered active duty on 3 March 1964.  He was trained as an armor intelligence specialist and served in Vietnam from 21 September 1965 through 26 February 1966 when he was separated from active duty and transferred to the Army Reserve.

4.  His DD Form 214 does not show the Purple Heart as an authorized award.  Block 27 (Wounds) states "NONE" and the applicant authenticated the form with his signature.

5.  The only available medical records are the applicant's medical history and medical examination for separation conducted on 25 February 1966 at Oakland Army Base, California.  His own medical history makes no mention of any injuries or wounds as a result of enemy action.  The doctor's medical examination failed to reveal any abnormalities or significant medical history relating to a wound or injury as a result of enemy action.  His name does not appear on the Vietnam Casualty List.

6.  A review of the applicant's service history and records shows that he participated in two campaigns in Vietnam and that his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment by General Order 21, dated 1969.  His records also contain award of the Marksmanship Badge with pistol bar and the Expert Marksmanship Badge with rifle bar.

7.  Army Regulation 600-8-22 prescribes Army policy for individual awards.  The regulation provides that one bronze service star is authorized for wear on the Vietnam Service Medal for participation in each named campaign.  A review of the regulation and the applicant's records shows that he is entitled to two bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record, and none provided by the applicant, to show that he was injured or wounded as a result of enemy action and entitled to awards of the Purple Heart.

2.  There is sufficient evidence to show that administrative correction to his records should show entitlement to two bronze service stars for the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Badge with rifle bar, and the Marksmanship Badge with pistol bar.

3.  Records show the applicant should have discovered the error or injustice now under consideration on 26 February 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 25 February 1969. However, 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 file in this case.

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 RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___ro____  __ym____  __ja___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not 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.  

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 two bronze service stars for the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Badge with rifle bar, and the Marksmanship Badge with pistol bar.

		__Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2003088563	
SUFFIX		
RECON		
DATE BOARDED	20031218	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY WITH NOTE	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.