RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20040010418


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 correction of his records to show award of the
Purple Heart or the Purple Heart (First Oak Leaf Cluster).

2.  The applicant states, in effect, that he was wounded twice while
assigned to B Company, 168th Engineer Battalion in Vietnam and never
received his Purple Heart (First Oak Leaf Cluster).  He further states that
he was evacuated to the 3rd Evacuation Hospital and treated for his wounds.

3.  The applicant provides no documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 April 1966.  The application submitted in this case is dated
17 November 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 in the Army on 16 April 1964 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 12B (Combat Construction
Specialist).

4.  The applicant arrived in Vietnam and was assigned to B Company, 168th
Engineer Battalion, 159th Engineer Group on 28 November 1965.  He departed
Vietnam on or about 4 April 1966 after being credited with participating in
two campaigns.

5.  On 11 April 1966, the applicant was honorably released from active duty
and transferred to the United States Army Reserve Control Group.

6.  A DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) for the period ending 11 April 1966 shows he was awarded the
Vietnam Service Medal, the Good Conduct Medal, and the Sharpshooter
Marksmanship Qualification Badge (M-14).
7.  There are no general orders in the applicant’s service personnel
records that show he was awarded the Purple Heart or the Purple Heart
(First Oak Leaf Cluster).  There also is no evidence in his service
personnel records that shows that he was wounded or treated for wounds as a
result of hostile action in Vietnam.  The applicant's name is not listed on
the Vietnam Casualty Roster.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show the applicant was wounded, and item 41 (Awards and
Decorations) does not show award of the Purple Heart or the Purple Heart
(First Oak Leaf Cluster).

9.  The applicant's Army Medical Treatment Records are unavailable.

10.  The historical files of B Company, 168th Engineer Battalion, 159th
Engineer Group and the 3rd Evacuation Hospital, were reviewed at the
National Archives in College Park, MD but failed to show the applicant's
entitlement to award of the Purple Heart or the Purple Heart (First Oak
Leaf Cluster).

11.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.
S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the National Defense Service Medal is awarded for honorable
active service for any period between 27 July 1950 through 27 July 1954, 1
January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995
and 11 September 2001 to a date to be determined.

13.  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 that, at the time of the
applicant’s assignment to 168th Engineer Battalion, it was awarded the
Meritorious Unit Citation for the period January through June 1966 by
Department of the Army General Orders Number 17, dated 1965.

14.  Army Regulation 600-8-22 (Military Awards) 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.

15.  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.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  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, such as
eyewitness accounts from his chain of command at the time or medical
personnel who treated his wounds, that shows he was wounded or treated for
wounds as a result of hostile action.

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

3.  The applicant met the eligibility criteria for award of the National
Defense Service Medal.  This award should be added to his DD Form 214.

4.  The applicant was assigned to a unit during a period of time the unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Meritorious Unit Commendation.  He participated in two campaigns
that entitle him to two bronze service stars to be worn on his Vietnam
Service Medal.  These awards should be added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 April 1966.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 April 1969.  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 requests for award of the Purple Heart.

6.  Evidence shows that the applicant’s records contain administrative
errors which do 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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ JS ___  __ DJ ___  __ MJF _  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.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show award of National Defense Service Medal, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Meritorious Unit Commendation, and two bronze service stars to be worn on
his Vietnam Service Medal.




                            _____Mr. John Slone ____
                 CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010418                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |11 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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