RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050002256


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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 that he be awarded the Purple Heart.

2.  The applicant states he was wounded and received stitches in his head
at a dispensary.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 September 1967, the date of his release from active duty.
The application submitted in this case is dated 4 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 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 records show the applicant entered active duty on 1 December 1965.
He completed training and was awarded the military occupational specialty
(MOS) 12B (Combat Engineer).

4.  A DA Form 20 (Enlisted Qualification Record) indicates at:

      a.  Block 31 (Foreign Service), service in Vietnam from 13 August
1966 through 8 September 1967;

      b.  Block 33 (Appointments), he was advanced to specialist four (E-4)
on 11 January 1967;

      c.  Block 38 (Assignments), he served in Vietnam with B Company,
588th Engineer Battalion;

      d.  Block 38 also records his conduct and efficiency ratings
exclusively as excellent;
      e.  Block 39 (Campaigns), he served during one campaign period;

      f.  Block 40 (Wounds), is blank; and


      g.  Block 41 (Awards), lists his awards as the National Defense
Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal with "1960" Device, and the Marksman Badge with the Rifle Bar, (for
both the   M-14 and M-16 rifles) and the Machinegun Bar.

5.  The applicant was honorably released from active duty on 14 September
1967 in the rank of specialist four (E-4).  He had 1 year, 9 months, and 14
days of creditable service.

6.  His DD Form 214 lists his awards as the National Defense Service Medal,
the Vietnam Service Medal, and the Marksman Badge with Rifle Bar.

7.  The applicant's medical records are on permanent loan to the Department
of Veterans Affairs and are not available for Board review.

8.  A review of the Vietnam Casualty Roster failed to locate the
applicant's name.

9.  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 while the applicant was
assigned to B Company, 588th Engineer Battalion, it was cited for award of
the Vietnam Cross of Gallantry with Palm Unit Citation.

10.  Army Regulation 600-8-22, paragraph 2-8 provides that the Purple Heart
is awarded to an individual who is wounded in action against an enemy of
the United States, the armed force of a foreign country which is or has
been engaged, while serving with a friendly foreign forces against an
opposing force even though the U.S. is not engaged, as the result of any
act of such enemy or opposing force or as a result an act of any hostile
foreign force.  Substantiating evidence must be provided to verify that the
wound was the result of hostile action, the wound must have required
treatment by a medical officer, and the medical treatment must have been
made a matter of official record.

11.  Army Regulation 600-8-22, chapter 4, states that the 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.  A record of punishment is not automatically
disqualifying.  However, at that time, a single efficiency rating of less
than excellent was disqualifying.  Although there is no automatic
entitlement to the Good Conduct Medal, disqualification must be justified.
Current practice requires that the commander provide written notice of
nonfavorable consideration and permits the individual to respond.  At that
time, a disqualification was normally noted on the DA Form 20.

12.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  A silver service star is
authorized in lieu of five bronze service stars.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the Vietnam Service Medal.  Based on the applicant's
dates of service in Vietnam, Appendix B indicates he participated during
the following two campaign periods:  the Counteroffensive Phase II, 1 July
1966 – 31 May 1967; and the Counteroffensive Phase III, 1 June 1967 –
29 January 1968.

DISCUSSION AND CONCLUSIONS:

1.  There are no available medical records to show that the applicant was
treated for any wounds received while in action against the enemy or as the
result of enemy action.  His name is not listed on the Vietnam Casualty
Roster.  Block 40 (wounds) on his DA Form 20 (Enlisted Qualification
Record) is blank and the Purple Heart is not listed in Block 41 (Awards and
Decorations).  Block 26 (Decorations and Awards) of his DD Form 214 (Report
of Separation from Active Duty) does not list the Purple Heart as an
authorized award.

2.  The applicant distinguished himself by his conduct, efficiency, and
fidelity as evidenced by his conduct and efficiency ratings, his awards,
and his advancement to E-4.  The record contains no indication of any
disqualifying incidents or recommendations.  It is appropriate to award the
applicant the Good Conduct Medal for his period of service from 1 December
1965 through 14 September 1967.

3.  In addition to the awards listed on his DD Form 214, the applicant is
authorized the Republic of Vietnam Campaign Medal, the Republic of Vietnam
Cross of Gallantry with Palm Unit Citation, to wear the Machinegun Bar on
his Marksman Badge, and to wear two bronze service stars on his Vietnam
Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JBG___  __RTD__  __SWF _  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 by awarding the applicant
the Good Conduct Medal for his period of service from 1 December 1965
through 14 September 1967.

2.  The Board further determined that, in addition to the awards listed on
his DD Form 214, the applicant is authorized the Republic of Vietnam
Campaign Medal, the Republic of Vietnam Cross of Gallantry with Palm Unit
Citation, to wear the Machinegun Bar on his Marksman Badge, and to wear two
bronze service stars on his Vietnam Service Medal.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief at this time.  As
a result, the Board recommends denial of so much of the application that
pertains to award of the Purple Heart.

4.  The Board recommends that the applicant obtain a copy of his medical
records on loan at the Department of Veterans Affairs and resubmit his
request for the Purple Heart for reconsideration within one year of the
date of this Board action.




                            _     _Richard T. Dunbar_____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR0050002256                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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