RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 July 2004
      DOCKET NUMBER:   AR2004100330


      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. Wanda L. Waller               |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Lana McGlynn                  |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. John Meixell                  |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 knocked down by an explosion on 6 June
1970 in Vietnam due to enemy action.  He contends that he received a
concussion, acoustic trauma tinnitus and a back injury.

3.  The applicant provides no evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 February 1986.  The application submitted in this case is
dated 23 October 2003.

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 enlisted on 30 October 1964 for a period of 3 years.  On
17 October 1967, he was honorably discharged.  He enlisted on 5 February
1969 for a period of 3 years.  He was assigned to Company D, 1st Engineer
Battalion, 1st Infantry Division in Vietnam on 4 September 1969 as a combat
engineer.  He departed Vietnam on 12 June 1971.  The applicant remained on
active duty through continuous reenlistments until he retired on 28
February 1986 in the rank of sergeant first class.

4.  The applicant’s DD Form 214 for the period ending 28 February 1986
shows the National Defense Service Medal, the Armed Forces Expeditionary
Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Bronze
Star Medal, the Army Commendation Medal, three awards of the Overseas
Service Bar, the Army Good Conduct Medal (6th award), the Army Service
Ribbon, two awards of the Overseas Service Ribbon, and the Expert
Marksmanship Qualification Badge with Rifle Bar as authorized awards.

5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

7.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

8.  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.

9.  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 applicant's unit (1st
Engineer Battalion) is entitled to award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation based on Department of the
Army General Orders Number 53, dated 1970.

10.  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.

11.  Army Regulation 600-8-22, in pertinent part, authorizes 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 has provided no evidence in support of his contention
that he was injured by an explosion on 6 June 1970 in Vietnam due to enemy
action.  There is no evidence of record which shows that the applicant was
wounded or treated for any injuries as a result of hostile action in
Vietnam.  Therefore, there is insufficient evidence on which to base an
award of the Purple Heart in this case.

2.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

4.  The applicant's unit received the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation while he was assigned to it.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 28 February 1986; therefore, the time for the
applicant to file a request for correction of any error expired on 27
February 1989.  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.

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 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

LM_____  LS______  JM______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 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 that he was awarded the Vietnam Service Medal
with four bronze service stars, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation  on his DD Form 214 for the period ending
28 February 1986.




            ___Lana McGlynn_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100330                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040701                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |