RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           26 February 2004
      DOCKET NUMBER:   AR2003090940


      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. Richard P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Arthur A. Omartian            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Mae M. Bullock                |     |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 correction of his military records to show award
of the Purple Heart.

2.  The applicant states that he was injured on 21 April 1970 when clearing
a minefield.  He states that a bangalore torpedo detonated a mine, that he
received shrapnel wounds as a result of the explosion, and that his
commanding officer “put him in for the Purple Heart medal” but that he
never received it.

3.  The applicant provides a copies of: his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge); his DA Form 20
(Enlisted Qualification Record); physical examinations he underwent in 1969
and 1971; what appears to be a message, reporting the patient status of the
applicant, dated 21 April 1970; and, a Standard Form 509 (Clinical Record),
also dated 21 April 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 17
December 1971.  The application submitted in this case is dated 12 May
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 military records show that he enlisted in the Army on
19 February 1969.  He underwent basic combat and advanced individual
training as a Grader Operator (Military Occupational Specialty 62K20).  The
applicant then deployed to Vietnam, where he served in the 326th Engineer
Battalion, 101st Airborne Division (Airmobile), from 23 July 1969 to 22
July 1970.  He returned to Aberdeen Proving Grounds, Maryland for 6 months
before returning to Vietnam as a Rome Plow Operator in the 31st Engineer
Battalion from 23 February to 13 December 1971.  The applicant was
honorably separated from the Army on 17 December 1971 in pay grade E-5.

4.  Item 24 of the applicant’s DD Form 214 (Decorations, Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded or Authorized),
signed in his own hand, shows that he is entitled to the following
decorations: the Bronze Star Medal; the Army Commendation Medal; the
Vietnam Service Medal with 2 bronze service stars; the National Defense
Service Medal; and, the Vietnam Campaign Medal.  No other awards or
decorations are shown.

5.  There are no entries in item 40 (Wounds) of the applicant’s DA Form 20
that show that he was wounded as a result of hostile action.  The
applicant’s name is not listed on the Vietnam Casualty Roster.

6.  The copies of the message and clinical record, provided by the
applicant, show that he was treated for abrasions resulting from
fragmentation wounds to the chin and upper left arm.  However, neither
document indicates that the wounds were a result of hostile action.

7.  Item 39 (Identifying Body Marks, Scars, Tattoos) of the applicant’s
Separation Physical, dated 17 December 1971, shows the entry “normal,”
which would indicate that no scars were present.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded to any member of an Armed Force who, while serving under
competent authority in any capacity with one of the U.S. Armed Services
after 5 April 1917, has been wounded or killed 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.

9.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours will be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

10.  Headquarters, US Army Engineer Command, Vietnam General Orders Number
2008, dated 7 December 1971, announce award of the Bronze Star Medal, First
Oak Leaf Cluster to the applicant.

11.  Headquarters, US Army Training Center Engineer and Fort Leonard Wood
Special Orders Number 182, dated 1 July 1969, announce award of the Expert
Marksmanship Badge with Rifle Bar to the applicant.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units that
served in the Vietnam War.  This document shows the unit to which the
applicant was assigned, was cited for award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation for actions during the
period 18 March 1968 to 2 May 1970 by Department of the Army General Orders
Number 48, dated 1971.

13.  Department of the Army General Order Number 8, dated 1974, awarded all
personnel assigned to the United States Army Vietnam from 8 February 1962
through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns:  Vietnam Summer-Fall 1969; Vietnam Winter-
Spring 1970; Sanctuary Counteroffensive; Vietnam Counteroffensive Phase
VII; Consolidation I; and, Consolidation II.

15.  The applicant’s records show two overseas service bars.  Army
Regulation 670-1, in effect at the time, governs the requirements for the
Overseas Service Bar.  In pertinent part, it provides that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States for
the specific time frames and areas of operation cited in Army Regulation
670-1 or appropriate Department of the Army messages.  There are special
provisions regarding authorization for the Overseas Service Bar for service
in a hostile fire zone and for combining service to calculate award of the
bars.  For Vietnam service, one overseas service bar is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as whole months for credit
toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  While there is medical evidence that shows the applicant was treated
for abrasions, resulting from fragmentation wounds while in Vietnam, there
is no evidence that shows he was wounded, or treated for wounds, as a
result of hostile action.  The fragmentation wounds may have been inflicted
by an accident not caused by hostile action. There are no orders or
certificates, and the applicant has not provided copies of any orders or
certificates, that award him the Purple Heart.  Therefore, he is not
entitled to award of the Purple Heart or correction of his records to show
this decoration.

2.  General Orders show that the applicant was awarded the Bronze Star
Medal, First Oak Leaf Cluster.  Therefore, he is entitled to correction of
his records to show this decoration.
3.  Special Orders show that the applicant was awarded the Expert
Marksmanship Badge with Rifle Bar.  Therefore, he is entitled to correction
of his records to show this badge.

4.  General Orders show that the unit to which the applicant was assigned
was cited for award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation.  Therefore, he is entitled to correction of his
records to show this unit award.

5.  General Orders show that the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

6.  Evidence of record shows that the applicant received the Vietnam
Service Medal and participated in six campaigns.  As a result, the
applicant is entitled to award of four additional bronze service stars, for
a total of six (correctly shown as one silver and one bronze service star),
to be affixed to the Vietnam Service Medal, and correction of his records
to show these appurtenances.

7.  Evidence of record shows that the applicant is eligible for one
additional overseas service bar, for a total of three.  Therefore, he is
entitled to correction of his records to show this service bar.

BOARD VOTE:

___aao__  ___jtm__  ___mmb _  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing that the
applicant was awarded:

      a. the Bronze Star Medal, First Oak Leaf Cluster;


      b. the Expert Marksmanship Badge with Rifle Bar;


      c. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation;


      d. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;


      e. four additional bronze service stars, for a total of six (correctly
shown as one silver and one bronze service star), to be affixed to the
Vietnam Service Medal; and,


      f. one additional overseas service bar, for a total of three.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.





            __________Arthur A. Omartian_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003090940                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040226                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |