RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 September 2005
      DOCKET NUMBER:  AR20050000824


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 wounded (i.e., blinded in
his right eye) while serving in Vietnam, but never received a Purple Heart.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 June 1969, the effective date of his permanent disability
retirement.  The application submitted in this case is dated 10 January
2005.

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 13 December 1967.  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 May 1968 through 10 January 1969.  He was retired from the U.S. Army
under honorable conditions on 16 June 1969 as a result of a permanent
disability after serving on active duty for a total of 1 year, 6 months,
and 4 days.

5.  The applicant's DD Form 214, issued at the time of his retirement,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), that he was awarded the Vietnam
Service Medal and Vietnam Campaign Medal with 1960 Device.
6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 15
May 1968 through 12 January 1969.  Item 39 (Campaigns) of this document
does not contain any campaign entries.  Item 41 (Awards and Decorations)
shows that the applicant was awarded the National Defense Service Medal,
Vietnam Service Medal, Vietnam Campaign Medal, Expert Marksmanship
Qualification Badge with (M16) Rifle Bar, and Sharpshooter Marksmanship
Qualification Badge with (M14) Rifle Bar.

7.  There are no orders in the applicant’s service personnel record which
shows that he was awarded the Purple Heart.  However, Item 40 (Wounds) of
his DA Form 20 contains the entry, "FW Above (R) Eye, 2 November 1968",
indicating the applicant received a fragmentation wound above his right eye
on
2 November 1968.  In addition, the applicant's name is listed on The
Adjutant General Casualty Division's, Vietnam Casualty Roster, as Master
Casualty Number 11868, showing the applicant as being wounded in action on
2 November 1968 as a result of hostile action.

8.  The applicant's military service record contains a Standard Form 504
(Clinical Record) which shows the applicant received medical treatment for
wounds sustained on 2 November 1968.  This document shows that a mortar
round exploded near the applicant which resulted in a fragmentation wound
to his right thigh and a wound to his right eye.

9.  The applicant's record contains a DA Form 8-275-2 (Clinical Record
Cover Sheet), dated 27 December 1968.  Item 23 (Diagnoses) of this document
shows the applicant was wounded in his right eye and right thigh and the
injuries were received from mortar fragments from hostile forces on 2
November 1968 in Vietnam. Item 25 (Selected Administrative Data) of this
document shows that the Purple Heart was not awarded by the 249th General
Hospital.

10.  The applicant provides his DD Form 214 in support of his application.
This document is absent evidence that the applicant was awarded the Purple
Heart.

11.  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.

12.  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.
13.  The applicant's record contains a copy of Headquarters, United States
Army Training Center and Fort Leonard Wood, Fort Leonard Wood, Missouri,
Special Orders Number 113, dated 22 April 1968, which shows that he was
awarded the Expert Marksmanship Qualification Badge with Rifle (M16) Bar.

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 IV, Vietnam Counteroffensive Phase V, and
Vietnam Counteroffensive Phase VI.

15.  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 awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation by Headquarters, Department of the Army,
General Orders Number 5, 1973.  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.

16.  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.

17.  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.

18.  Army Regulation 600-8-22 provides 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.

19.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

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.  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.

22.  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.

23.  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 wounded in Vietnam, but
the Purple Heart is not listed on his DD Form 214 and he never received the
award.  However, the applicant provides no evidence to support his
assertion.

3.  Evidence of record shows that the applicant was wounded in Vietnam as a
result of hostile action on 2 November 1968 and that he was treated for his
wounds at the 12th Evacuation Hospital.  The applicant was subsequently
medically evacuated to the 249th General Hospital; however, his records
show that the Purple Heart was not awarded by the hospital commander.
Therefore, the applicant is entitled to correction of his military service
record to show award of the Purple Heart.

4.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 13 December 1967 through 16 June 1969 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.  Evidence of record shows the applicant is entitled to award of the
National Defense Service Medal.  Therefore, it would be appropriate to
correct his records to show this award.

6.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with (M16) Rifle Bar.  Therefore, it would be
appropriate to correct his records to show this badge.

7.  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.

8.  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.

9.  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.

10.  Records show that the applicant served a total of 8 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of
one Overseas Service Bar.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 June 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
15 June 1972.  Although the request was not submitted within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact that there is not statute of limitations on requests for
award of the Purple Heart.

BOARD VOTE:

___LE ___  __PMS__  __LGH__  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:

      a.  awarding the applicant the Purple Heart for wounds received in
action on 2 November 1968;

      b.  awarding the applicant the Good Conduct Medal for the period
13 December 1967 through 16 June 1969;

      c.  correcting his DD Form 214 to delete the Vietnam Service Medal;
and









      d.  correcting his DD Form 214 to add the Purple Heart, Good Conduct
Medal, National Defense Service Medal, Vietnam Service Medal with
3 bronze service stars, Expert Marksmanship Qualification Badge with Rifle
(M16) Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and one Overseas Service Bar.




                                  _____Lester Echols_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000824                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690616                                |
|DISCHARGE AUTHORITY     |10 USC 1201                             |
|DISCHARGE REASON        |Permanent Disability Retirement         |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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