RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          1 November 2005
      DOCKET NUMBER:  AR20050002095


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Carol Kornhoff                |     |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, while serving with Company D, 84th
Engineer Battalion (Construction) in Vietnam in September 1971 he was
wounded while working (blunt force injury to his face) and that five
Soldiers were present at the time of his injury.  He states at the time of
his injury he was told "they were holding down medal count" and based on
that he declined the medal.  He also states he had a hernia injury in
Vietnam and was evacuated to Japan for surgery.

3.  The applicant provides two applications.  He provides no evidence in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 October 1981.  The applications submitted in this case are
dated 31 January 2005 and 19 September 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 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 on 2 December 1960, served as a combat engineer,
and was released from active duty on 21 November 1963.  He enlisted on
16 December 1963 for a period of 6 years.  On 21 January 1969, the
applicant was honorably discharged for immediate reenlistment.  He
reenlisted on
22 January 1969 for a period of 6 years.  He arrived in Vietnam on 26 May
1971. He served as a construction engineer assigned to Company D, 84th
Engineer Battalion (Construction) in Vietnam from 1 June 1971 through 21
August 1971.  He was hospitalized in Japan on 22 August 1971 and returned
to duty in Vietnam on 8 October 1971 assigned to the U.S. Army Engineer
Command.  He departed Vietnam on 12 March 1972.  The applicant was
honorably discharged on
24 October 1974 for immediate reenlistment.

4.  The applicant's DD Form 214 (Report of Separation from Active Duty) for
the period ending 24 October 1974 shows the National Defense Service Medal,
the Parachutist Badge, the Good Conduct Medal (4th Award), the Vietnam
Service Medal, the Bronze Star Medal, the Vietnam Campaign Medal, the
Meritorious Unit Commendation, the Army Commendation Medal, and the Expert
Marksmanship Qualification Badge with Rifle Bar as authorized awards.

5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

7.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

8.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

9.  The applicant reenlisted on 25 October 1974 for a period of 6 years.
On
31 October 1981, the applicant retired in the grade of master sergeant.

10.  The applicant's DD Form 214 (Certificate of Release or Discharge from
Active Duty) for the period ending 31 October 1981 shows the National
Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign
Medal, the Meritorious Unit Commendation, the Meritorious Service Medal,
the Army Commendation Medal, one award of the Overseas Service Bar, the
U.S. Army Gold Recruiter Badge, the Good Conduct Medal (6th Award), the
Third Sapphire Achievement Star to U.S. Army Gold Recruiter Badge, and the
Bronze Star Medal as authorized awards.

11.  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.

12.  Army Regulation 600-8-22, in pertinent part, authorizes 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.  Evidence of record supports the applicant's contention that he was
evacuated to Japan for a hernia operation while serving in Vietnam.
However, there is no evidence of record which shows that the applicant was
wounded or treated for any injuries as a result of hostile action in
Vietnam.  Therefore, there is insufficient evidence on which to base an
award of the Purple Heart in this case.
2.  The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 31 October 1981; therefore, the time for the
applicant to file a request for correction of any error expired on 30
October 1984.  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.

5.  Evidence shows that the applicant’s records contain administrative
errors which do 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 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JA_____  TO______  CK______  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 determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the Vietnam Service Medal
with three bronze service stars and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation on his DD Form 214 for the period ending 31 October
1981.




            ___James Anderholm____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002095                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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