RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 March 2005
      DOCKET NUMBER:  AR20040001587


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Margaret K. Patterson         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, in effect, that the Purple Heart and the Bronze
Star Medal be added to his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge).

2.  The applicant states he was awarded the Purple Heart and the Bronze
Star Medal in the field at Fire Support Base (FSB) Vandergrift near Khe
Sanh when a Major General flew in and awarded them.  These awards were
never entered in his official records.  He further indicates the time frame
was during July 1970.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 23 September 1971.  The application submitted in this
case is dated 6 May 2004.

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 requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing award
of this decoration to the applicant.  In the absence of a proper authority
for this decoration, the applicant may request award of the Bronze Star
Medal under the provisions of Section 1130 of Title 10, United States Code.
 The applicant has been notified by separate correspondence of the
procedures for applying for this decoration under Section 1130 and, as a
result, it will not be discussed further in this Record of Proceedings.

4.  On 20 February 1969, the applicant enlisted in the Regular Army for a
period of 3 years.  He completed basic combat training and advanced
individual training. Upon graduation he was awarded military occupational
specialty (MOS) 31L2T1, Field Radio Relay Equipment Repairman.

5.  The applicant was assigned to the Republic of Vietnam from 18 July 1970
through 22 September 1971.  He was assigned to the 67th Maintenance
Company.

6.  On 23 September 1971, the applicant was honorably released from active
duty and assigned to the U.S. Army Reserve Control Group (Reinforcement).
His DD Form 214 indicates he was awarded the National Defense Service
Medal, the Vietnam Service Medal, the Army Achievement Medal, the Marksman
Marksmanship Qualification Badge (M-16), and the Expert Marksmanship
Qualification Badge (M-14).  The applicant was subsequently discharged from
the U.S. Army Reserve Control Group (Standby) with an Honorable Discharge
on 1 February 1975.

7.  The applicant's name does not appear on the Vietnam Casualty Listing,
nor do his records contain orders for the Purple Heart.  Additionally, his
Army medical records are not available for review.  They appear to have
been loaned to the Department of Veterans Affairs Regional Office, Oakland,
California on 23 January 2001.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart (PH) is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that:
(1) the wound was the result of hostile action; (2) the wound required
medical treatment; and (3) the medical treatment was made a matter of
official record.

9.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided for award of the Purple Heart (PH).  It stated that Soldiers who
were treated and returned to their units within 24 hours of being wounded
would be awarded the Purple Heart by their unit of assignment.  For wounded
Soldiers requiring hospitalization in excess of 24 hours or medical
evacuation from Vietnam, the authority to award the Purple Heart was
delegated to hospital commanders.

10.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star (BSS), based on qualifying service, for each campaign listed in
Appendix B of this regulation and states that authorized BSSs will be worn
on the appropriate service medal.  The applicant served in Vietnam during
two campaigns -- Vietnam Counteroffensive, Phase VII, which extended from 1
July 1970 through 30 June 1971 and Consolidation I, which extended from 1
July through 30 November 1971.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document show the unit to which the applicant was
assigned was awarded the Republic of Vietnam Gallantry Cross Unit Citation
with Palm for the period 1 March 1971 to 9 October 1971 by Department of
the Army General Orders 6, dated 1974.

12.  AR 670-1, in effect at the time, governs the requirements for the
Oversea Service Bar (OSB).  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.
There are special provisions regarding authorization for the OSB for
service in a hostile fire zone and for combining service to calculate award
of the bars.  For Vietnam service, one OSB 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 a whole months for credit toward
the OSB.

13.  The applicant's DD Form 214 and Item 41 of his DA Form 20 (Enlisted
Qualification Record) incorrectly shows the Army Achievement Medal (AAM) as
being abbreviated (ACM), which is the American Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant was awarded the Purple Heart.  His
name does not appear on the Vietnam Casualty Listing; his records contain
no orders for the Purple Heart; and his medical records are not available
to determine if he was treated for wounds as a result of hostile fire.
Additionally, the applicant has not provided any evidence other than his
self-authored statement.

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in two campaigns during his assignment in Vietnam which are
not correctly shown by award of two bronze service stars for wear on his
Vietnam Service Medal.  Therefore, in accordance with the governing
regulation, the applicant is entitled to the Vietnam Service Medal with two
bronze service stars and correction of his DD Form 214 to show these
awards.

3.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is
entitled to correction of his records to show award of this foreign unit
award.
4.  According to AR 670-1 and his service records, the applicant is
entitled to award of two Overseas Service Bars.  Therefore, he is entitled
to correction of his records to show award of 2 OSBs.

5.  The applicant was awarded the Army Achievement Medal (AAM) by General
Orders.  Therefore, he is entitled to have his records corrected to show
the correct abbreviation for this award.  He would not be eligible for the
American Campaign Medal (ACM), since this was only issued for service
during World
War II.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 September 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 22 September 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 timely file in this case.

7.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___fe___  __mkp___  __cak___  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.  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 should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show:

      a.  Deleting the VSM and ACM from his DD Form 214;

      b.  Adding the VSM with 2 bronze service stars, the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, the Army Achievement
Medal; 2 Overseas Service Bars; and,

      c.  Correcting Item 41, of his DA Form 20 to show the AAM in lieu of
the ACM.



                                        Fred Eichorn
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001587                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050303                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0014                                |
|3.                      |107.0025                                |
|4.                      |107.0094                                |
|5.                      |                                        |
|6.                      |                                        |


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