RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 April 2005
      DOCKET NUMBER:  AR20040004472


      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             |
|     |Ms. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Ann M. Campbell               |     |Member               |
|     |Ms. Margaret V. Thompson          |     |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 award of the Purple Heart.

2.  The applicant states that a rocket attack caused his injuries and he
should have been awarded the Purple Heart.

3.  The applicant provides a copy of a copy of a page from his health
record and a DD Form 689 (Individual Sick Slip), dated 14 January 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or which
occurred on 4 March 1970.  The application submitted in this case is dated
14 June 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 limitations 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 was inducted into the Army of the United States on 12
March 1968.  He completed basic and advanced individual training and was
awarded the military occupational specialty 51B20 (Carpenter).  He was
assigned to the 160th Engineer Detachment in Vietnam.  He was honorably
separated from active service on 4 March 1970.

4.  There are no General Orders, which show that the applicant was awarded
the Purple Heart.  There is also no evidence in his records that shows he
was wounded or treated for wounds as a result of hostile action.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show an entry in item 40 (Wounds).  Item 41 (Awards and Decorations) does
not show award of the Purple Heart

6.  The applicant's name is not listed on the Vietnam Casualty Roster.

7. The applicant's service personnel records do not contain any medical
records that show the applicant was wounded or treated for wounds as a
result of hostile action.

8.  The applicant provided a copy of a health record from the 91st
Evacuation Hospital.  However, this document is not legible and it is not
clear what type of medical treatment he received.

9.  The applicant also provided a copy of an Individual Sick Slip, dated
14 January 1970, in which the medical officer wrote, "If no better in 3
days consult with Urology Clinic, 91st Evacuation Hospital."  However, this
document does not show an illness or injury.

10.  Review of the applicant's records indicate that he may be entitled to
campaign credit and additional awards and decorations, which are not shown
on his DD Form 214.

11.  The applicant's service records indicate he participated in the
following   campaigns:  Tet Counteroffensive (23 February 1969 through 8
June 1969), the Summer Fall Campaign (9 June 1969 through 31 October 1969),
and the Winter Spring Campaign (1 November 1969 through 30 April 1970).
The applicant's award of the Vietnam Service Medal does not show bronze
service stars to indicate credit for these campaigns.

12.  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 shows the unit, to which the applicant
was assigned,
the 160th Engineer Detachment was cited for award of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm based on Department of the
Army General Orders Number 42, dated 1972.

13.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of "excellent" throughout his service.

14.  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, and the medical treatment must have been made a matter of
official record.




15.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

16.  Army Regulation 600-8-22, provides, in pertinent part, for 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
based on injuries he received in Vietnam.

2.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  There is no evidence in the
available records and the applicant has not provided evidence that shows he
was wounded or treated for wounds as a result of hostile action.

3.  The applicant provided a health record from the 91st Evacuation
Hospital and an Individual Sick Slip.  However, the health record is mostly
illegible and it cannot be determined what type of medical treatment he
received.  The Individual Sick Slip does not indicate that the applicant
sustained or was treated for wounds as a result of hostile action.

4.  In the absence of military records, which show the applicant was
wounded or treated for wounds as a result of hostile action, there is
insufficient basis for award of the Purple Heart in this case.

5.  The applicant is entitled to the first award of the Good Conduct Medal
based on completion of qualifying service from 12 March 1968 to 4 March
1970 ending with termination of a period of Federal military service.

6.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.

7.  The applicant’s is entitled to three bronze service stars to be worn on
his Vietnam Service Medal based on his participation in three campaigns.


8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 March 1970.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
3 March 1973 Although, the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in this case based on the fact there is no statute of limitations on
request for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jev___  __amc___  __mvt___  GRANT PARTIAL 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 to show award of the Good
Conduct Medal (1st Award) for the period 12 March 1968 to 4 March 1970;
award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm;
and three bronze service stars to be worn on his Vietnam Service Medal.

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
the Purple Heart.




                                        James E. Vick
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004472                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050414                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0056                                |
|3.                      |107.0094                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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