RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 December 2005
      DOCKET NUMBER:  AR20050006944


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Mr. Scott 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 award of the Purple Heart.

2.  The applicant states he received burns in combat.

3.  The applicant provides a Letter of Appreciation, dated 29 April 1968; a
statement of support, dated 2 April 2005, from a fellow Soldier; and 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
7 September 1968.  The application submitted in this case is dated 19 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 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 was inducted on 15 September 1966.  He arrived in Vietnam
on 31 January 1968.  He served as an armor crewman assigned to Company B,
1st Battalion, 69th Armor, 4th Infantry Division in Vietnam from 15
February 1968 through 4 September 1968.  On 7 September 1968, the applicant
was released from active duty in the temporary rank of specialist four
after completing 1 year, 11 months, and 23 days of creditable service with
no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Vietnam Campaign Medal, one award of the
Overseas Service Bar, the Sharpshooter Marksmanship Qualification Badge
with Rifle Bar, and the Expert Marksmanship Qualification Badge with Rifle
Bar as authorized awards.

5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.
7.  In support of his claim, the applicant provided a Letter of
Appreciation, dated 29 April 1968, from the Commanding Officer (a Major
General) of the Republic of Korea Forces, Vietnam.  This letter commends
the applicant for his outstanding performance of duty during Operation Mang
Ho XI (20-27 April 1968) in the Binh Dinh Province area.

8.  The applicant also provided a statement, dated 2 April 2005, from a
fellow Soldier at the time in question.  He attests that the applicant
served as a tank crewman engaging the enemy during Operation Mang Ho XI in
April 1968 and that after the battle the applicant was seen wearing a
bandage made from a tee-shirt on his hand.  When asked about the bandage,
the applicant stated he had burned his hand on the externally mounted
machine gun as he exited the tank carrying a 90mm round that, although
fired, had failed to go off.

9.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

10.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.

11.  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 the applicant's unit was cited for
award of the Meritorious Unit Commendation for actions during the period 7
April 1968 to
20 October 1968 by Department of the Army General Orders Number 42, dated
1969.

12.  Department of the Army Pamphlet 672-3 show the applicant's unit is
entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 38, dated
1970.

13.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit is entitled to award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation based on Department of the Army General
Orders Number 53, dated 1970.

14.  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.  The regulation also states that when contemplating an
award of this decoration, the key issue that commanders must take into
consideration is the degree to which the enemy caused the injury.

15.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records which shows the applicant
was wounded or injured as a result of hostile action in Vietnam.  In the
absence of orders or other evidence of record showing that the applicant
was injured or treated for wounds as a result of hostile action, the letter
of support provided by the applicant is not sufficient as a basis for award
of the Purple Heart.  Regrettably, there is insufficient evidence on which
to base award of the Purple Heart in this case.

2.  The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.

3.  The applicant was separated in the temporary rank of specialist four
with almost 2 years of creditable active service with no time lost.
Therefore, it appears the applicant met the eligibility criteria for the
first award of the Good Conduct Medal for the period 15 September 1966
through 7 September 1968 based on completion of a period of qualifying
service ending with the termination of a period of Federal military
service.
4.  The applicant's unit was cited for award of 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 while he was assigned to it.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 7 September 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 6
September 1971.  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:

________  ________  ________  GRANT RELIEF

RD_____  __JG____  _SF_____  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.  awarding him the first award of the Good Conduct Medal for the
period 15 September 1966 through 7 September 1968; and

      b.  amending his DD Form 214 to add award of the Good Conduct Medal
and to show that he was awarded the Vietnam Service Medal with three bronze
service stars, 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.






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.




            ____Richard Dunbar____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006944                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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