RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2005
      DOCKET NUMBER:  AR20050001265


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was hit with sharp metal while
on Landing Zone Sally while they were being shelled and attacked.  His foot
was taken care of in early 1969.  The medic who took care of his foot said
that he wasn't putting him in for a Purple Heart because he still had a lot
of time in country and would most likely be wounded again or killed before
his time was up.

3.  The applicant provides a copy of a letter addressed to him by the
Department of Veterans Affairs (VA) which awards him service-connected
compensation benefits in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 December 1969.  The application submitted in this case
is dated13 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 records show that he was inducted into the
Army of the United States on 2 May 1968.  He completed his basic combat
training at Fort Campbell, Kentucky, and his advanced individual training
at Fort Leonard Wood, Missouri.  After completing all required training, he
was awarded the military occupational specialty (MOS), 12A (Pioneer).

4.  The applicant was assigned to Vietnam and he arrived there on 19
December 1968.  He was assigned to Company C, 27th Engineer Battalion.  He
remained assigned to this unit throughout his assignment in Vietnam.  The
applicant was returned to the United States for release from active duty on
18 December 1969.
5.  The applicant was released from active duty on 19 December 1969, under
the provisions of Army Regulation (AR) 635-200, Early Separation of
Overseas Returnee, in the rank and pay grade of Specialist Four, E-4, with
1 year, 7 months, and 18 days, active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge, shows
he was awarded:  the National Defense Service Medal; the Vietnam Service
Medal; the Republic of Vietnam Campaign Medal; the Expert Marksmanship
Qualification Badge, with Rifle Bar [M-14 Rifle]; and two overseas
service bars.  The Purple Heart is not shown among these awards.

7.  The applicant provided a copy of a letter addressed to him from the VA
dated 21 December 2004 wherein he was awarded service-connected
compensation and benefits; however, the fact and circumstances which served
as the basis for the VA's decision are not shown in the text of the letter.

8.  There are no orders in the applicant's service personnel records to
show that he was awarded the Purple Heart.  There is no entry in Item 40
(Wounds), of the applicant's DA Form 20, Enlisted Qualification Record,
showing the applicant was wounded in action against a hostile enemy.
There is no entry in Item 41 (Awards and Decorations) showing that he was
awarded the Purple Heart.  The applicant's name does not appear on the
Vietnam Casualty List.

9.  The applicant was awarded the Good Conduct Medal by General Orders
Number 30, published by Headquarters, 27th Engineer Battalion, on 11
November 1969.  This award was omitted from his DD Form 214 when he was
released from active duty.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

11.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Counteroffensive, Phase VI, which extended from 2
November 1968 through 22 February 1969; the Tet 69 Counteroffensive,
which extended from 23 February through 8 June 1969; the Vietnam Summer-
Fall 1969, which extended from 9 June through 31 October 1969; and the
Vietnam Winter-Spring 1970, which extended from 1 November 1969 through
30 April 1970.
12.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

13.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows that the unit the applicant was assigned to was
awarded the Meritorious Unit Commendation, for the period 1 July 1968
through 28 February 1969, by Department of the Army General Order (DAGO)
Number 51, dated 1971.  This unit award is not shown on his DD Form 214.

14.  The applicant's unit, a subordinate unit of the United States Army,
Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm
Unit Citation.  He is entitled to have this unit award added to his DD Form
214.

15.  AR 600-8-22 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
requests for award of the Purple Heart.

16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence available to the Board, which shows that
the applicant was wounded or treated for wounds due to hostile action while
he served in Vietnam; therefore, he is not entitled to award of the Purple
Heart.

2.  There is no documentary evidence in the applicant's service record, and
the applicant provided none, to specifically show that he was wounded in
his foot and was treated for this wound, in his unit or elsewhere, while he
served in Vietnam.
3.  The applicant participated in four campaigns during his tour of duty in
Vietnam.  He is therefore entitled to award of four bronze service stars to
be affixed to his already-awarded Vietnam Service Medal and to have them
shown on his separation document.

4.  The applicant was awarded the Good Conduct Medal.  This award is not
shown on his DD Form 214.  It would be appropriate to add this award to his
DD Form 214.

5.  The applicant served in a unit that was awarded the Meritorious Unit
Commendation, and the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  He is entitled to these unit awards and to have them added to
his DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 December 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 December 1972.  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.

7.  Evidence shows that the applicant’s records contain administrative
error which does 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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___rld___  ___jrm __  ____slp__  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 error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

      a.  adding the already-awarded Good Conduct Medal to the applicant's
DD Form 214;

      b.  awarding the applicant four bronze service stars to be affixed to
his Vietnam Service Medal, to denote his participation in four campaigns
while he served in Vietnam, and to be shown on his DD Form 214 as the
Vietnam Service Medal, with four bronze service stars; and


      c.  awarding the applicant the Meritorious Unit Commendation and the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding
these unit awards to his DD Form 214.




                                  __________Shirley L. Powell_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001265                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050913                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.46     |107.0000                                |
|2.61                    |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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