RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2004
      DOCKET NUMBER:  AR2004106796


      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. Mark D. Manning               |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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.

2.  The applicant states, in effect, that he was wounded by enemy fire
during his tour of service in Vietnam.

3.  The applicant provides a 5-page Department of Veterans Affairs Rating
Decision, dated 3 November 2003 and a 3-page Department of Veterans Affairs
Entitlement Amount and Payment Start Date, dated 18 November 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on
15 May 1971, the date of his separation from active duty.  The application
submitted in this case is dated 1 March 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 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 in the Regular Army on 22 May 1968 and was
awarded military occupational specialty (MOS) 12B (Combat Engineer) after
completing advanced individual training at Fort Leonard Wood, Missouri.
The applicant was assigned to Company B of the 588th Engineer Battalion and
Company B of the 31st Engineer Battalion while serving in Vietnam from
19 September 1970 through 14 May 1971.  He was honorably released from
active duty on 22 May 1971 in the rank of specialist four/pay grade E-4.

4.  A DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge), with an effective date of 15 May 1971, covers the applicant's
tour of duty in Vietnam.  Item 24 (Decorations, Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows
he was awarded the National Defense Service Medal, the Vietnam Service
Medal, and the Vietnam Campaign Medal.

5.  There are no General Orders in the applicant’s service personnel
records that show he was awarded the Purple Heart.  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.

6.  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.

7.  The applicant's Army Medical Treatment Records are unavailable at this
time to show if he was wounded or treated for wounds while serving in
Vietnam.

8.  The applicant provided a 5-page Department of Veterans Affairs Rating
Decision, which shows he was granted service connected injuries to his
right and left shoulder.

9.  The applicant provided a 3-page Department of Veterans Affairs
Entitlement Amount and Payment Start Date that shows the percent assigned
for his service connected injuries and payment effective date.

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.  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 the 31st Engineer Battalion, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Headquarters, Department of the Army General Orders Number 8,
dated 1974.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 31st Engineer Battalion, it was cited for
award of the Republic of Vietnam Civil Actions Medal Unit Citation based on
Headquarters, Department of the Army General Orders Number 43, dated 1970.

13.  The applicant’s service records indicate he served in one campaign in
Vietnam:  the Vietnam Counteroffensive Phase VII Campaign.

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

15.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service.

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.  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.

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 insufficient
basis for award of the Purple Heart in this case.

3.  The applicant met the eligibility criteria for the first award of the
Good Conduct Medal based on completion of qualifying service from 22 May
1968 through 15 May 1971 ending with termination of a period of Federal
military service.

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 Republic of Vietnam Civil Actions Medal, First Class, Unit
Citation.

5.  The applicant’s participation in one campaign entitles him to one
bronze service star to be worn on his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 May 1971.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 14 May 1974.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MDM__  __JED __  __JBG__  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 awarding the applicant
the Good Conduct Medal
(1st Award) for the period 22 May 1968 through 15 May 1971 and amending his
DD Form 214 to add the Good Conduct Medal (1st Award), the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam
Civil Actions Medal First Class Unit Citation, and one bronze service star
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
award of the Purple Heart.




                                  __Mr. Mark D. Manning___
                                            CHAIRPERSON






                                    INDEX

|CASE ID                 |AR2004106796                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |7 December 2004                         |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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