RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          27 October 2005
      DOCKET NUMBER:  AR20050002166


      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. Richard P. Nelson             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 he was injured on 6 June 1966 while on a patrol in
Vietnam.  His unit came under enemy fire while crossing rice paddies.
During the ensuing firefight, a farmer’s water buffalo spooked and charged
the applicant, goring him.  He further states that he still has a three-
inch scar to this day, and feels he is entitled to award of the Purple
Heart for this incident.

3.  The applicant provides copies of: his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge); excerpts from his medical
records, showing he was treated for his injury; and, excerpts from an after
action report of the unit he was assigned to.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice that
occurred on 18 August 1967.  The application submitted in this case is
dated 1 February 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’s military records show he was inducted on 19 August 1965
and completed training in Military Occupational Specialty 11B10 (Light
Weapons Infantryman).  He was assigned to Hawaii, then to Vietnam, where he
served from 16 April 1966 to 13 April 1967 with Company A, 2d Battalion,
14th Infantry.  The applicant then returned to Fort Hood, Texas where he
completed his service obligation and was honorably separated from active
duty in pay grade E-3 on 18 August 1967.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows he is entitled to the following decorations: the Vietnam Service
Medal with one bronze service star; the National Defense Service Medal; the
Republic of Vietnam Campaign Medal with Device (1960); the Combat
Infantryman Badge; and, the Sharpshooter Marksmanship Badge with Rifle Bar.
 No other awards or decorations are listed.

5.  There are no orders or certificates in the applicant’s records, and the
applicant has not provided any orders or certificates, that show he was
awarded the Purple Heart.  The applicant’s name is not listed on the
Vietnam Casualty Roster.  There are no entries in item 40 (Wounds) of the
applicant’s DA Form 20 (Enlisted Qualification Record) that show he was
wounded as a result of hostile action.  There is no indication in the
applicant’s medical records that he was wounded, or treated for wounds, as
a result of hostile action.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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.

7.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

8.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
Good Conduct Medal is awarded to individuals who distinguish themselves by
their conduct, efficiency and fidelity during a qualifying period of active
duty enlisted service.  This period is 3 years except in those cases when
the period for the first award ends with the termination of a period of
Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

10.  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 the unit, to which the
applicant was assigned, was cited for award of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for the period April 1966 to August
1968 by Department of the Army General Orders Number 48, dated 1971.  This
document also shows that the unit was cited for award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation for the period
20 April 1966 to 21 January 1970 by Department of the Army General Orders
Number 51, dated 1971.

11.  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.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Vietnam Counteroffensive; and, Vietnam
Counteroffensive Phase II.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was awarded the Purple Heart.
There is no evidence in the applicant’s service personnel records that
shows that he was wounded, or treated for wounds or injuries, as a result
of hostile action.  The description of the incident provided by the
applicant clearly shows he was accidentally injured as a result of a
spooked water buffalo, not a result of enemy action or hostile fire.
Therefore, he is not entitled to award of the Purple Heart or correction of
his records to show this decoration.

2.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show that his conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service, the
applicant is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 19 August 1965 to 18
August 1967.  Therefore, he is entitled to correction of his records to
show this award.

3.  General Orders show that the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

4.  General Orders show that the applicant is entitled to the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this unit award.

5.  Evidence of record shows that the applicant received the Vietnam
Service Medal and participated in two campaigns.  As a result, he is
entitled to award of one additional bronze service star, for a total of
two, to be affixed to the Vietnam Service Medal, and correction of his
records to show this appurtenance.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 August 1967.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 17 August 1970.  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

___alr___  ___mhm_  ___lds___  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing award of:

      a. the first award of the Good Conduct Medal, for the period 19
August 1965 to 18 August 1967;

      b. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

      c. the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation; and,

      d. one additional bronze service star, for a total of two, to be
affixed to the Vietnam Service Medal.

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.




            __________Melvin H. Meyer__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002166                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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