RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 October 2005
      DOCKET NUMBER:  AR20050001692


      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. John T. Meixell               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |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, the son of the former service member (FSM), requests
award of the Purple Heart.

2.  The applicant states, in effect, that the FSM was wounded by shell
fragments while serving in Vietnam and should be awarded the Purple Heart.

3.  The applicant provides a copy of the FSM's DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge); a letter from the
Veterans Administration (VA) Regional Office, Chicago, Illinois, dated 11
April 1972; and a copy of the FSM's Medical Certificate of Death, certified
on 9 September 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 August 1971, the date of the FSM's separation from active
duty.  The application submitted in this case is dated 28 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 FSM's military service record shows that he enlisted in the U.S.
Army on 20 August 1968.  Upon completion of basic combat training and
advanced individual training, the FSM was awarded military occupational
specialty (MOS) 62M (Rough Terrain Forklift & Loader Operator).

4.  The FSM's military service record shows he was assigned to Headquarters
and Headquarters Company, 168th Engineer Battalion in Vietnam, from
15 January 1969 through 6 January 1970.  He was honorably separated from
the U.S. Army on 19 August 1971 after serving on active duty a total of 3
years.

5.  The FSM's DD Form 214, issued at the time of his separation, shows in
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized), that he was awarded the Bronze Star Medal,
National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign
Medal with 1960 Device.

6.  The FSM's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign
Service), shows that he served in the Republic of Vietnam from 12 January
1969 through 7 January 1970.  Item 39 (Campaigns) of this document shows
that the FSM participated in the Vietnam Counteroffensive Phase VI and TET
69 Counteroffensive campaigns.

7.  There are no orders in the FSM’s service personnel record which shows
that he was awarded the Purple Heart.  There also is no evidence in his
records that he was wounded or treated for wounds as a result of hostile
action.  His DA Form 20 does not show an entry in Item 40 (Wounds), or list
the Purple Heart in Item 41 (Awards and Decorations), and the FSM's name is
not listed on The Adjutant General, Casualty Division's, Vietnam Casualty
Roster.

8.  In support of the application the applicant provides a copy of the
FSM's Medical Certificate of Death, certified on 9 September 2003, which
identifies him in Item 17a (Informant's Name) as "Dxxxxx Bxxxx Oxxxxxxx",
and in Item 17b (Relationship) as "Son".  Along with this, the applicant
provides the FSM's
DD Form 214, which confirms that the FSM served in Vietnam and a letter
from the VA, which lists the FSM's disabilities as "Shell Fragment Wound
Left Quarter of Abdomen and Ear Condition" and being service-connected, but
states they are less than 10 percent disabling and compensation is not
payable.

9.  A review of the FSM's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

10.  The FSM's record contains a copy of Headquarters, 12th Support
Brigade, Fort Bragg, North Carolina, General Orders Number 118, dated 7
July 1971, which shows that he was awarded the Good Conduct Medal.

11.  The FSM's record contains a copy of Headquarters, U.S. Army Training
Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Special Orders
Number 351, dated 16 December 1968, which shows that he was awarded the
Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

12.  The FSM's record contains a copy of Headquarters, U.S. Army Training
Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Special Orders
Number 291, dated 17 October 1968, which shows he was awarded the Expert
Marksmanship Qualification Badge with Rifle (M-14) Bar and Grenade Bar.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in four campaigns during his service in Vietnam.
 This document shows that the applicant participated in the Vietnam
Counteroffensive Phase VI, TET 69 Counteroffensive, Vietnam Summer-Fall
1969, and Vietnam Winter-Spring 1970 campaigns.

14.  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 the 168th Engineer Battalion (Vietnam), the unit was
cited for award of the Meritorious Unit Commendation by Headquarters,
Department of the Army, General Orders Number 51, 1971.

15.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 168th Engineer Battalion (Vietnam), the
unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army, General Orders Number 8,
1974.

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.

18.  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.

19.  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 bronze service star is worn on the
Vietnam Service Medal to denote an additional award for participation in a
campaign.

20.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units
and/or detachments of the Armed Forces of the United States for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months in support of military
operations.

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 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, in effect, that the FSM is entitled to award of
the Purple Heart because he was wounded by shell fragments while serving in
Vietnam and the Purple Heart was never issued to the FSM.  The applicant
provides a copy of a letter from the VA which shows the FSM's injury was
determined to be service-connected.  However, there is no evidence
presented with regard to how the FSM sustained the wound, or evidence that
the FSM received medical treatment at the time the wound was sustained.

2.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.  Therefore, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.
3.  General Orders awarded the FSM the Good Conduct Medal.  Therefore, the
FSM is entitled to correction of his records to show this award.

4.  Special Orders awarded the FSM the Expert Marksmanship Qualification
Badge with Rifle and Grenade Bars.  Therefore, it would be appropriate to
correct the FSM's records to show this badge.

5.  Records show that the FSM served in four campaigns in Vietnam.
Therefore, the FSM is entitled to correction of records to show award of
four bronze service stars to be affixed to his Vietnam Service Medal.

6.  General Orders awarded the FSM's unit the Meritorious Unit
Commendation.  Therefore, it would be appropriate to correct the FSM's
records to show this unit award.

7.  General Orders awarded the FSM's unit the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  Therefore, it would be appropriate to
correct the FSM's records to show this foreign unit award.

8.  Records show that the FSM served a total of 12 months in Vietnam.
Therefore, the FSM is entitled to correction of records to show award of
two Overseas Service Bars.

9.  Records show the FSM should have discovered the alleged error or
injustice now under consideration on 19 August 1971; therefore, the time
for the FSM to file a request for correction of any error or injustice
expired on 18 August 1974.  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 no statute of limitations on
requests for award of the Purple Heart.

10.  Evidence shows that the FSM’s records contain administrative error
which does not require action by the Board.  Therefore, administrative
correction of the FSM’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

__JTM __  __JBG_ _  __ JRM__  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.  The Board further determined that, although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file based on the fact there is no statute of limitations
on requests for award of the Purple Heart.

3.  The Board determined that administrative error in the records of the
FSM should be corrected.  Therefore, the Board requests that the CMSD-St.
Louis administratively correct the records of the FSM concerned by:

      a.  deleting the Vietnam Service Medal; and

      b.  adding the Vietnam Service Medal with four bronze service stars,
the Good Conduct Medal, the Expert Marksmanship Qualification Badge with
Rifle and Grenade Bars, the Meritorious Unit Citation, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and two Overseas Service
Bar.



                                  ____JOHN T. MEIXELL______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001692                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051020                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19710819                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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