RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  16 December 2003
	DOCKET NUMBER:  AR2003089070

	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. Samuel A. Crumpler		Chairperson	
	Ms. Shirley Powell		Member	
	Mr. John N. Slone		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 the Purple Heart.

2.  The applicant states that he was wounded in Vietnam.

3.  The applicant provides no documentation in support of his request or how, when, and where he was wounded and treated for his wound.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error, which occurred on 29 July 1971, the date of his separation from active duty.  The application submitted in this case is dated 4 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.  The applicant's available records show that he entered active duty and completed training as an infantryman.  He was assigned to an unknown unit in Vietnam from 7 January through 26 November 1970.

4.  The applicant's DD Form 214 (Report of Transfer or Discharge) shows that he was separated from active duty in pay grade E-4 on 29 July 1971 and transferred to the Army Reserve.  The Purple Heart is not listed as an authorized award and the Vietnam Service Medal is not listed with any bronze service stars.

5.  The only medical records of evidence are his Report of Medical History and Report of Medical Examination from 14 November 1992.  The applicant did not note any physical defects or history of treatment or hospitalization as a result of wounds in Vietnam.  The doctor shows no history or evidence of wounds as a result of enemy action.

6.  The applicant's official photograph from 1993 shows that he is wearing the Purple Heart ribbon.  There are no orders for the Purple Heart in the available record and his name does not appear on the Vietnam Casualty List.

7.  Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.

8.  The regulation also provides that one bronze service star is authorized for wear on the Vietnam Service Medal for participation in each named campaign and that the Vietnam Campaign Medal is authorized for soldiers who served a minimum of 6 months in the Republic of Vietnam.  A review of the regulation and the applicant's records shows that he is entitled to three bronze service stars for the Vietnam Service Medal and award of the Vietnam Campaign Medal.

9.  Department of the Army Pamphlet 672-3 establishes eligibility for unit awards during the Vietnam Conflict.  It provides that subordinate units of the US Military Assistance Command, Vietnam and subordinate units of the US Army, Vietnam are authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation provided by General Orders 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding that the applicant is wearing the Purple Heart ribbon in his official photograph, there is no evidence of record, or evidence provided by the applicant, to indicate he is entitled to that award.

2.  There is sufficient evidence of record to show that his records should be administratively corrected to show entitlement to three bronze service stars for the Vietnam Service Medal, the Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  Records show the applicant should have discovered the error now under consideration on 29 July 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 28 July 1974.  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

___sc___  ___sp___  __js____  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 entitlement to three bronze service stars for the Vietnam Service Medal, the Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

		___Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2003089070	
SUFFIX		
RECON		
DATE BOARDED	20031216	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.