RECORD OF PROCEEDINGS


      IN THE CASE OF:

      BOARD DATE:        2 August 2005
      DOCKET NUMBER:  AR20050003389


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |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 requests award of the Purple Heart and Bronze Star Medal.

2.  The applicant states, in effect, that the Purple Heart is not recorded
on his
DD Form 214 (Report of Separation from Active Duty).

3.  The applicant provides a copy of a telegram from The Adjutant General
of the Army, dated 26 February 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 June 1970, the date of his discharge from the United States
Army.  The application submitted in this case is undated; however, it was
received by the Army Board for Correction of Military Records on 7 March
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.  Military records show that the applicant enlisted in the Regular Army
on
8 May 1967.  After completion of basic combat training and advanced
individual training, the applicant was awarded military occupational
specialty 12A (Pioneer).

4.  On 17 May 1968, the applicant was assigned to Headquarters and
Headquarters Company, 26th Engineer Battalion, Americal Division in
Vietnam.  He was subsequently assigned to Company A, 26th Engineer
Battalion, from14 July 1968 through 30 April 1969.  He was separated from
active duty on 18 June 1970 under honorable conditions.

5.  The applicant's DD Form 214 does not show a typed entry for the Purple
Heart or Bronze Star Medal in item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized);
however, it does contain a hand-written entry showing "PH".



6.  The applicant's records contain 95th Evacuation Hospital, General
Orders Number 40, dated 24 February 1969, that show the applicant was
awarded the Purple Heart for wounds received in action on or about 22
February 1969.

7.  The applicant's military service records do not contain any general
orders or evidence that he was awarded the Bronze Star Medal.  Applicant's
request for award of the Bronze Star Medal is governed by Title 10, United
States Code, Section 1130.  Since the applicant has not exhausted his
administrative remedy, the ABCMR cannot take any further action at this
time on his request for award of the Bronze Star Medal.  However, the
applicant has been advised by separate correspondence of the procedures for
requesting award of the Bronze Star Medal under the provisions of Section
1130.  As a result, the request for award of the Bronze Star Medal is not
discussed further in this Record of Proceedings.

8.  Review of the applicant's personnel records indicates that he may be
entitled to additional awards that are not shown on his DD Form 214.

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, at the time of the
applicant's assignment to the 26th Engineer Battalion, the unit was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army, General Orders Number 8,
dated 1974.

10.  Department of the Army Pamphlet 672-3 also shows that at the time of
the applicant's assignment to Headquarters and Headquarters Company,
26th Engineer Battalion, the unit was cited for award of the Navy
Meritorious Unit Commendation by Department of the Army, General Orders
Number 32, dated 1973.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in four campaigns during his service in Vietnam;
however, his records do not show award of bronze service stars to recognize
campaign participation.  This document shows that the applicant
participated in the Vietnam Counteroffensive, Phase IV; Vietnam
Counteroffensive, Phase V; Vietnam Counteroffensive, Phase VI; and TET 69
Counteroffensive, 1969; a total of four campaigns.




12.  Army Regulation 600-8-22 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.  There
is no statute of limitations governing requests for award of the Purple
Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
for wounds he received in action on 23 February 1969.

2.  General Orders awarded the applicant the Purple Heart; therefore, he is
entitled to correction of his records to show award of the Purple Heart.

3.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and the Navy Meritorious Unit Commendation.
Therefore, it would be appropriate to correct his records to show these
unit awards.

4.  Records show that the applicant served in four campaigns in Vietnam;
therefore, he is entitled to correction of his records to show award of
four bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 June 1970, the date of his
discharge; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 17 June 1973.  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.

BOARD VOTE:

__ JRM  __ WDP       ___ RLD _   GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected to show award of the Purple Heart, the
Vietnam Service Medal with four bronze service stars, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and the Navy Meritorious
Unit Commendation.




                                  _____William D. Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003389                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050802                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19700618                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 10                  |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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