RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 December 2005
      DOCKET NUMBER:  AR20050005878


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard G. Sayre              |     |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 correction of his records to show award of the
Purple Heart (2nd Oak Leaf Cluster).

2.  The applicant states, in effect, that item 24 of his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) should show
award of the Purple Heart (2nd Oak Leaf Cluster).  He further states that
his DA Form
20 (Enlisted Qualification Record) is incomplete because it only shows he
was awarded two Purple Heart awards.

3.  The applicant provides his DD Form 214 with the ending period 1 August
1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 August 1969.  The application submitted in this case is dated 3 April
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 applicant enlisted in the Regular Army on 30 December 1966 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 12B (Combat Engineer).

4.  The applicant's unit, B Company, 31st Engineer Battalion, departed Fort
Bliss, Texas, and arrived in Vietnam on or about 5 April 1968.  He was
reassigned to D Company, 86th Engineer Battalion on or about 23 May 1968.
He departed Vietnam on or about 24 June 1969 after being credited with
participating in four campaigns.

5.  On 1 August 1969, the applicant was honorably released from active duty
after completing 2 years, 7 months, and 2 days of creditable active service
with no lost time in the grade of Sergeant/E-5 and transferred to the
United States Army Reserve Control Group.

6.  A DD Form 214 for the period ending 1 August 1969 shows that the
applicant was awarded the National Defense Service Medal, the Vietnam
Service Medal, the Vietnam Campaign Medal, the Purple Heart, and the
Meritorious Unit Commendation.

7.  Headquarters, 34th Engineer Group (Construction) General Orders Number
49, dated 7 November 1968 show that the applicant was awarded the Purple
Heart for wounds received in action on 21 June 1968.

8.  Headquarters, 34th Engineer Group (Construction) General Orders Number
3, dated 7 February 1969 show that the applicant was awarded the Purple
Heart for wounds received in action on 30 January 1969.

9.  Headquarters, 34th Engineer Group (Construction) General Orders Number
10, dated 31 March 1969 amended Headquarters, 34th Engineer Group
(Construction) General Orders Number 3, dated 7 February 1969 to read
Purple Heart (1st Oak Leaf Cluster).

10.  There are no orders in the applicant's records that show he was
awarded the Purple Heart (2nd Oak Leak Cluster).  The applicant's name is
listed on the Vietnam Casualty Roster for receiving wounds on 21 June 1968
and 30 January 1969.  Item 41 (Awards and Decorations) of his DA Form 20
does not show award of the Purple Heart (2nd Oak Leaf Cluster).

11.  The applicant's medical records are not available.

12.  A DD Form 215, dated 8 February 2005, was issued to the applicant
which deleted the Purple Heart in item 24 and amended item 24 of his DD
Form 214 by adding the Purple Heart (1st Oak Leaf Cluster) and the Army
Commendation Medal.

13.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  His records do not contain any adverse
information and his DA Form 20 shows his conduct and efficiency ratings as
"excellent" throughout his period of service.

14.  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.
15.  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.  This regulation also provides that there is no statute of
limitations on request for award of the Purple Heart.

16.  Army Regulation 600-8-22 provides, in pertinent part, for 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.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart (2nd Oak Leaf Cluster).  The
applicant's name does not appear on the Vietnam Casualty Roster as being
wounded a third time. The applicant has not provided evidence such as
accounts from his chain of command at the time or medical personnel who
treated his wounds that show he was wounded or treated for wounds a third
time as a result of hostile action.

2.  In the absence of military records which show the applicant was wounded
or treated for wounds as a result of hostile action, and there is an
insufficient basis for award of the Purple Heart (2nd Oak Leaf Cluster) in
this case.

3.  It is noted that he was promoted to Sergeant/E-5 with less than 3 years
service without lost time.  Therefore, the Board concludes he met the
eligibility criteria for the first award of the Army Good Conduct Medal
based on completion of qualifying service from 30 December 1966 through 1
August 1969.

4.  The evidence of record confirms that the applicant served in Vietnam.
Therefore, he is eligible for award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  His participation in four campaigns
entitles him to four bronze service stars to be worn on his Vietnam Service
Medal.  His DD Form 214 should be amended to add these awards.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 August 1969.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 September 1972.  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

__JTM_ _  __ ML __   __ RGS  _ 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:

      a.  by awarding the applicant the Army Good Conduct Medal
(1st Award) for the period 30 December 1966 through 1 August 1969; and

      b.  by amending his DD Form 214 to add the Army Good Conduct Medal
(1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and four bronze service stars to be worn on his 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 (2nd Oak Leaf Cluster).




                                  ____ Mr. John T. Meixell _____
                                             CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050005878                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |1 December 2005                         |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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