RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       23 November 2005
      DOCKET NUMBER:  AR20050004789


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry J. Olson                |     |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, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was involved in a firefight in
the Ashau Valley on 14 August 1969 when they spotted VCs (Viet Cong
soldiers) and captured them.

3.  The applicant submitted a copy of a Standard Form (SF) 600,
Chronological Record of Medical Care, and a SF 513, Consultation Sheet,
dated 14 August 1969, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 15 November 1976.  The application submitted in this case is
dated 20 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.  The applicant’s military records show that he enlisted in the Kansas
Army National Guard on 18 January 1965.  On 27 February 1965, he was
ordered to active duty for training.  He completed his basic combat and
advanced individual training and was released to the Kansas Army National
Guard on 17 July 1965.

4.  On 27 February 1969, the applicant was inducted into the Army of the
United States.  On 15 May 1969, while at Fort Ord, California, the
applicant was discharged for the purpose of immediately enlisting in the
Regular Army.  The applicant continued to serve and was honorably
discharged, on 15 November 1976, under the provisions of Army Regulation
(AR) 635-200, at the completion of his required service.  He was discharged
in the rank and pay grade of Specialist Five, E5.  On the date of his
discharge, the applicant had completed a total of 11 years, 9 months, and
28 days service for pay and, a net active service this period of 7 years
and 6 months.

5.  The applicant served in Vietnam from 5 May 1969 through 4 December
1970, with the 59th Engineer Company at Phu Bai, Vietnam.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the National Defense Service Medal; the Vietnam
Service Medal; the Vietnam Commendation Medal [believed to have been
entered erroneously – there is no such award as this shown in Army
Regulation 600-8-22, the Military Awards regulation.  The award is believed
to have been intended to be, and will be known hereafter, as the Republic
of Vietnam Campaign Medal, with '60 Device]; the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation; the Driver and Mechanic Badge,
with Track Bar; and the Expert Marksmanship Qualification Badge, with Rifle
Bar.  No other awards are shown in this item.  The Purple Heart is not
shown on the applicant's DD Form 214.

7.  The applicant was awarded the Army Commendation Medal, for meritorious
service, while he served in Germany, by Permanent Orders 8-3, published by
Headquarters, 7th Engineer Brigade, dated 20 September 1976.  This award is
not shown on his DD Form 214.

8.  The applicant's DA Form 20, and the majority of his active duty
records, are not available for the Board's review.  The circumstances
behind their non-availability are not known.

9.  There are no orders in the applicant's military personnel record
awarding him the Purple Heart and the applicant's name does not appear on
the Vietnam Casualty List.

10.  While in Vietnam, the applicant participated in the following five
campaigns:  the Tet 69 Counteroffensive, which extended from 23 February
through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9
June through 31 October 1969; the Vietnam Winter-Spring 1970, which
extended from 1 November 1969 through 30 April 1970; the Sanctuary
Counteroffensive, which extended from 1 May through 30 June 1970; and the
Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970
through 30 June 1971.

11.  The applicant's DD Form 214 shows his entitlement to the Vietnam
Service Medal; however, it does not show the silver service star to which
the applicant is entitled for his campaign participation credit.

12.  The SF 600, the applicant provided in support of his request for award
of the Purple Heart shows the applicant received medical treatment at the
616th Medical Company on 14 August 1969 for an infection in his eye.  The
applicant had a small brownish area at about 8 o'clock, in the limbal area
of his eye with a marked infection in the lower temporal bulbous
conjunctiva.  The object could not be removed with a cotton swab.

13.  The SF 513, the applicant provided, also dated 14 August 1969, shows
the applicant had a foreign object embedded in his eye.  The attending
physician opined that it appeared to be a burn or rust due to a metal
particle.  No indication was made in either report that the object had
become embedded in the eye as a result of action against the enemy or an
instrument of war attributable to the enemy.

14.  AR 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:  a.) the wound was
the result of hostile action, b.) the wound must have required treatment,
and c.) 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.

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

16.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to was awarded the Meritorious Unit Commendation,
for the period 20 August 1969 through 15 July 1970, by Department of the
Army General Order (DAGO) Number 48, dated 1971; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the
period 29 October through 11 November 1970, by DAGO 5, dated 1973. The
applicant is entitled to the above unit awards and to have them added to
his DD Form 214.

17.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence to show that the applicant was wounded
in action against a hostile enemy.

2.  While in Vietnam, there is evidence that the applicant had an infection
of the eye.  It appears that the infection resulted from a burn or from a
small metal object; however, the diagnosis made by attending medical
personnel included no indication that the object became embedded in the eye
as the result of hostile action.  Therefore, the applicant is not entitled
to award of the Purple Heart and to have it added to his DD Form 214.

3.  The applicant served in five campaigns while he served in Vietnam.  The
applicant was awarded the Vietnam Service Medal.  The applicant is entitled
to award of the Vietnam Service Medal, with one silver service star, to
denote his campaign participation credit, as opposed to the currently shown
Vietnam Service Medal.

4.  The applicant served in a unit, at the time it was awarded the
Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation.  He is entitled to these unit awards and
to have them added to his DD Form 214.

5.  The applicant was awarded the Army Commendation Medal after his service
in Vietnam while he served in Germany.  This award was not included in his
DD Form 214.  It would be appropriate to add this award to his DD Form 214
at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JS____  _PM____  _LJO____  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:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with one silver
service star, to denote his correct campaign participation credit;


      c.  awarding the applicant the Meritorious Unit Commendation; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation,
and adding these unit awards to his DD Form 214; and

      d.  adding the already-awarded Army Commendation Medal to the
applicant's DD Form 214.

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 to the applicant and its addition to his DD Form
214.




                                __    John Slone_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004789                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/23                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107,0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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