RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20050001309


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |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 on 17 April 1967
in Vietnam.  He further states that he did not receive his award letter
until 13 May 1992.

3.  The applicant provides a DA Form 1577 (Authorization for Issuance of
Awards), dated 29 April 1992.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 April 1968.  The application submitted in this case is dated
18 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 was inducted in the Army on 7 April 1966 and successfully
completed basic training and advanced individual training.  He was awarded
military occupational specialty 12B (Combat Engineer).  The applicant was
reclassified into MOS 51N (Water Supply Specialist).  He served in Vietnam
with D Company, 65th Engineer Battalion from on or about 7 November 1966
through on or about 7 April 1967.  He was reassigned to B Company, 4th
Engineer Battalion, 4th Infantry Division on or about 8 April 1967 through
on or about 15 October 1967.

4.  The applicant departed Vietnam on 17 October 1967.  He was honorably
released from active duty on 5 April 1968 and transferred to the U.S. Army
Reserve after completing 1 year, 11 months, and 29 days of active
creditable service.

5.  A DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) with the ending period 5 April 1968 shows the applicant was
awarded the National Defense Service Medal, the Vietnam Service Medal with
two bronze service stars, the Republic of Vietnam Campaign Medal with
Device (1960), and the Marksmanship Qualification Badge (Rifle M-14).

6.  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.

7.  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.

8.  The applicant's Army Medical Treatment Records are unavailable.

9.  The applicant provided a DA Form 1577 prepared by the National
Personnel Records Center and dated 29 April 1992.  This document shows that
the Chief of the Army Reference Branch of the National Personnel Records
Center determined that the applicant was entitled to the Purple Heart.

10.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  His records do not contain any adverse
information and his DA Form 20 (Enlisted Qualification Record) shows his
conduct and efficiency ratings as "excellent" throughout his period of
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 D Company, 65th Engineer Battalion, it was cited
for award of the Meritorious Unit Commendation for the period 22 February
1967 through 7 December 1967 based on Headquarters, Department of the Army
General Orders Number 17, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to D Company, 65th Engineer Battalion, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period January 1966 through August 1968 based on
Headquarters, Department of the Army General Orders Number 48, dated 1971.




13.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to D Company, 65th Engineer Battalion, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 13 March 1966 through 21 January 1970 based on
Headquarters, Department of the Army General Orders Number 51, dated 1971.

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 a request for award of the Purple Heart.

15.  Paragraph 1-25 of Army Regulation 600-8-22 (Military Awards) provides
that awards made by the President, Secretary of Defense and the Secretary
of the Army will be announced in Department of the Army General Orders.
The Purple Heart is among those awards which must be authorized in
Department of the Army General Orders.

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.  The DA Form 1577 merely authorizes an award already approved in General
Orders or by some other proper authority to be issued to an individual.
The DA Form 1577 is not an authority for an individual to receive and wear
an award or decoration or an authority upon which to base correction of
military records.  Without the documentation to show what the National
Personnel Records Center used as a basis for issuing the Purple Heart, the
DA Form 1577 alone is insufficient as a basis to grant the relief
requested.

3.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 7 April 1966
through 5 April 1968.

4.  The applicant was assigned to a unit during a period of time the unit
was awarded the Meritorious Unit Commendation, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  These awards should be
added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 April 1968.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 4 April 1971.  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

__MHM__  _ JTM___  __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:

      a.  by awarding the applicant the Army Good Conduct Medal
(1st Award) for the period 7 April 1966 through 5 April 1968; and

      b.  by amending his DD Form 214 to add the Army Good Conduct Medal
(1st Award), the Meritorious Unit Commendation, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

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. Melvin H. Meyer _
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050001309                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |16 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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