RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        OCTOBER 13, 2005
      DOCKET NUMBER:  AR20040010726


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Carol 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 award of the Purple Heart.

2.  The applicant states that he was injured at Cu Chi in Vietnam while
driving a D7 caterpillar dozer working as a combat engineer when he ran
over a land mine in November or December 1968.  He was treated at a field
hospital and was unable to work for about three weeks because both eardrums
were ruptured and he suffered from tinnitus.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 February 1970.  The application submitted in this case
is dated    21 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 into the Army on 1 May 1968, trained as a
construction machine operator and qualified as a sharpshooter with the M-16
rifle.  In February 1969 the applicant was assigned as a loader operator
with Company D, 31st Engineer Battalion, in Vietnam.  In May 1969 he was
assigned as a tractor operator with Company D, 168th Engineer Battalion.
He was promoted to pay grade E-4 in August 1969.  The applicant completed
his tour of duty in Vietnam and returned to the United States.  He was
released from active duty at Oakland, California on 4 February 1970 in pay
grade E-4.

4.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  The 31st Engineer Battalion was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation for its actions during the
applicant’s assignment to that organization.  The 168th Engineer Battalion
was awarded the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation and the Meritorious Unit Commendation for its actions during
the applicant’s assignment to that organization.

5.  The applicant’s enlisted qualification record shows that his conduct
and efficiency were excellent during his military service.  That record
also shows that he was wounded in action on 8 December 1969, sustaining a
punctured ear drum to his right ear.

6.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not
show award of the Purple Heart.  It does show award of the Vietnam Service
Medal, but in so doing does not credit him with participation in four
campaigns.

7.  Prior to his release from active duty, the applicant underwent a
medical examination.  The report of that examination contains an entry
indicating a perforation of his right ear and mild hearing loss.

8.  The applicant’s name is contained on the Vietnam Casualty Roster.

9.  The Army 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.

10.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the Vietnam Service Medal.  A silver service star is worn instead of five
bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on 8 December 1969.  He is entitled
to award of the Purple Heart.

2.  The applicant qualified as a sharpshooter with the M-16 rifle.  His
record should reflect award of the Sharpshooter Marksmanship Qualification
Badge with rifle bar.

3.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  He is entitled to award of the Vietnam Service Medal with four
bronze service stars.

4.  The applicant is entitled to award the Republic of Vietnam Gallantry
Cross Unit Citation with Palm, two awards of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, and award of the Meritorious
Unit Commendation.

5.  The applicant served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.

BOARD VOTE:

__TK ___  ___PM __  __CK ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 award of the Purple Heart, the
Sharpshooter Marksmanship Qualification Badge with rifle bar, the Vietnam
Service Medal with four bronze service stars, the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, two awards of the Republic of
Vietnam Civil Action Honor Medal First Class Unit Citation, the Meritorious
Unit Commendation, and the Army Good Conduct Medal.





                            _____ Ted Kanamine_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010726                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051109                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]