RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September 2005
      DOCKET NUMBER:  AR20040011408


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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, in effect, that he was awarded a Purple Heart in
February 1967 while participating in Operation Junction City in Vietnam;
however, his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) does not show the award.

3.  The applicant provides his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 March 1968, the date of his separation from active duty.
The application submitted in this case is dated 7 December 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's military service record shows that he was inducted into
the U.S. Army on 22 March 1966.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 12A (Pioneer).  He was subsequently awarded
MOS 12B (Combat Engineer).

4.  The applicant's military service record shows that he was assigned to
Company C, 65th Engineer Battalion, 25th Infantry Division in Vietnam, from
25 August 1966 through 24 August 1967.  He was separated from the U.S. Army
under honorable conditions on 25 March 1968 after serving on active duty
for a total of 2 years, 0 months, and 4 days.

5.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 13 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the National
Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.
6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 25
August 1966 through 24 August 1967.  Item 39 (Campaigns) of this document
shows that he participated in the Vietnam Counteroffensive Campaign.

7.  There are no orders in the applicant’s service personnel record which
shows that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.  His DA Form 20 does not show an entry in Item 40 (Wounds)
or list the Purple Heart in Item 41 (Awards and Decorations).  The
applicant's name is not listed on the Vietnam Casualty Roster.

8.  The applicant provides his DD Form 214 in support of his application.

9.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

10.  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.

11.  The applicant's record contains a copy of Headquarters, 2nd Training
Brigade, Fort Jackson, South Carolina, Special Orders Number 90, dated
11 May 1966, which shows that he was awarded the Expert Badge with Rifle
Bar.

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 that, at the time of the
applicant's assignment to Company C, 65th Engineer Battalion, 25th Infantry
Division (Vietnam), the unit was cited for award of the Meritorious Unit
Commendation by Headquarters, Department of the Army, General Orders Number
17, 1969.

13.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 25th Infantry Division, the unit was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army, General Orders Number 48, 1971.  This
document also shows that, at the time of the applicant's assignment to the
25th Infantry Division, the unit was cited for award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation by
Headquarters, Department of the Army, General Orders Number 51, 1971.
14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in three campaigns during his service in
Vietnam.  This document shows that the applicant participated in the
Vietnam Counteroffensive Phase II, the Vietnam Counteroffensive Phase III,
and the TET Offensive.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.  There is no statute of limitations governing requests
for award of the Purple Heart.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

17.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units
and/or detachments of the Armed Forces of the United States for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months in support of military
operations.

18.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.

19.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.





20.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A service star is worn on the
Vietnam Service Medal to denote an additional award for participation in a
campaign.

21.  Army Regulation 670-1 (Uniforms and Insignia), 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 message.  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.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  The applicant contends, in effect, that he was awarded a Purple Heart
in February 1967, while participating in Operation Junction City in
Vietnam. However, the applicant provides no evidence to support his
assertion.

3.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.  Therefore, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

4.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 22 March 1966 through 25 March 1968 based on completion of a
period of qualifying service ending with the termination of a period of
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.

5.  Special Orders awarded the applicant the Expert Badge with Rifle Bar.
Therefore, it would be appropriate to correct his records to show this
badge.

6.  General Orders awarded the applicant's unit the Meritorious Unit
Commendation.  Therefore, it would be appropriate to correct his records to
show this unit award.

7.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

8.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

9.  Records show that the applicant served in three campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of
three bronze service stars to be affixed to his Vietnam Service Medal.

10.  Records show that the applicant served a total of 12 months in
Vietnam.  Therefore, he is entitled to correction of his records to show
award of two Overseas Service Bars.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 March 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
24 March 1971.  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.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SK __  ___BJE__  __RTD__  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 by showing award of the
Good Conduct Medal, the Expert Qualification Badge with Rifle (M-14) Bar,
the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, the Vietnam Service Medal with three bronze
service stars, and two Overseas Service Bars.

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.



                                  _____ Stanley Kelley________
                                            CHAIRPERSON






                                    INDEX

|CASE ID                 |AR20040011408                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680325                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PARTIAL/PLUS                      |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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