RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050015944


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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, in effect, that the reason he is applying for the
award of the Purple Heart, is because he was injured while assigned to his
unit in the Republic of Vietnam.

3.  The applicant provides a self written statement.  In his written
statement, he stated that he injured his knee on a telephone pole that was
buried in the sand when he fell entering the bunker during a unit alert.
He stated that his knee injury was reported at the time of the incident.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 8 November 1968, the date he was release from active
duty.  The application submitted in this case is dated 2 November 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's records show that he was inducted into the Army of the
United States on 10 November 1966.  He completed basic combat training and
advanced individual training, and was awarded military occupational
specialty 63A10 (Wheel Vehicle Mechanic).

4.  The applicant's records show that he served a tour of duty with Company
B, 84th Engineer Battalion in the Republic of Vietnam during the period 19
April 1967 to 10 April 1968.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 (Armed Forces of the United States Report of Transfer or Discharge),
shows the Republic of Vietnam Service Medal, Republic of Vietnam Campaign
Medal, and National the Defense Service Medal.  However, it does not show
the Purple Heart.

6.  Item 40 (Wounds) of the applicant's DA Form 20 shows no entry.

7.  There are no general orders in the available records which show the
applicant was awarded the Purple Heart.

8.  There are no medical records in the applicant's official military
personnel file to show he was injured as a result of hostile action or to
show he was treated for an injury sustained as a result of hostile action.

9.  A review of the Republic of Vietnam Casualty Files does not show the
applicant's name listed among those wounded.

10.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also provides that there
are no time limitations on requests for award of the Purple Heart.

11.  Army Regulation 600-8-22, paragraph 2-8 (3) states, in pertinent part,
that when contemplating an award of the Purple Heart, the key issue that
commanders must take into consideration is the degree to which the enemy
caused the injury.  The fact that the applicant was participating in direct
or indirect combat operation is a necessary prerequisite, but is not sole
justification for award.  Item (5) (g) of this same regulation states, in
pertinent part, that an example of an injury or wound which clearly does
not qualify for award of the Purple Heart is an accident, to include
explosive, aircraft, vehicular, and other accidental wound not related to
or caused by enemy action.

12.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

13.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the
time when the service member was discharged, required that throughout a
qualifying period of service for award of the Good Conduct Medal the
enlisted person must have had all “excellent” conduct and efficiency
ratings and no convictions by a court-martial.  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.  14.  With the
publication of the new Army Regulation 672-5-1, in 1974, the requirement
for all excellent conduct and efficiency ratings was dropped and an
individual was required to show that he/she willingly complied with the
demands of the military environment, had been loyal and obedient, and
faithfully supported the goals of his organization and the Army.  Today,
Army Regulation  
600-8-22, which replaced Army Regulation 672-5-1, notes that there is no
automatic entitlement to the Army Good Conduct Medal and disqualification
must be justified.  Current practice requires that the commander provide
written notice of nonfavorable consideration and permits the individual to
respond.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register), lists the unit awards received by units
serving in the Republic of Vietnam.  This document shows the unit, to which
the applicant was assigned, Company B, 84th Engineer Battalion, was cited
for an award of the Meritorious Unit Commendation based on Department of
the Army General Orders Number 5, dated 1969; and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number  
8, dated 1974.

16.  Appendix B of Army Regulation 600-8-22 Military Awards shows that
based on the applicant's dates of service in the Republic of Vietnam, he
participated in the Vietnam Counteroffensive Phase II (1 July 1966 to 31
May 1967); the Vietnam Counteroffensive Phase III (1 June 1967 to 29
January 1968); the TET Counteroffensive (30 January 1967 to 1 April 1968);
and the Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968).
This same regulation states that a bronze service star will be awarded for
wear on the Republic of Vietnam Service Medal for participation in every
campaign which the Soldier is credited with.

17.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1 or appropriate Department of the
Army message.  There are special provisions regarding authorization for the
Overseas Service Bar for service in a hostile fire zone and for combining
service to calculate award of the bars.

18.  For the Republic of Vietnam service, one overseas service bar is
authorized for each period of 6 months active Federal service as a member
of a U.S. Service in the Republic of Vietnam from 1 July 1958 to 28 March
1973.

19.  Both the month of arrival and the month of departure from the Republic
of Vietnam are counted as whole months for credit toward the Overseas
Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  There are no general orders that show the applicant was awarded the
Purple Heart.  There is no evidence in his available records which show he
was injured as a result of hostile action or treated by a medical officer
or made a matter of record.  Also, his name does not appear on the Republic
of Vietnam Casualty Files.

3.  However, if the applicant did fall while entering a bunker and hit his
knee on a telephone pole during the unit alert, it would be an injury
sustained by an accident, which does not meet the criteria for award of the
Purple Heart.  Therefore, he is not entitled to award of the Purple Heart.

4.  Records show he is entitled to the first award of the Army Good Conduct
Medal for the period 10 November 1966 to 8 November 1968 based on
completion of a period of qualifying service of less than three years, but
more than one year, ending with the termination of a period of Federal
military service. His records do not contain any adverse information and he
received conduct and efficiency ratings of “excellent” throughout his
service.  Therefore, he is entitled to correction of his records to show
this award.

5.  Orders show that Company B, 84th Engineer Battalion, was cited for the
award of the Meritorious Unit Commendation.  Therefore, he is entitled to
correction to show this award.

6.  Orders show that the applicant is entitled to award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled
to correction to show this foreign unit award.

7.  Evidence of records show that the applicant was assigned to a unit that
participated in four campaigns.  Therefore, he is entitled to correction to
show four bronze service stars to be affixed to his Republic of Vietnam
Service Medal.



8.  Evidence of record show that the applicant is entitled to two Overseas
Service Bars.  Therefore, he is entitled to correction of his records to
show this award.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 November 1968.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on  
7 November 1971.  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

___cvm__  ___ym___  ___kan__  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 applicant concerned be corrected by showing award of the
Meritorious Unit Commendation; Republic of Vietnam Gallantry Cross with
Palm Unit Citation; Army Good Conduct Medal first award for the period 10
November 1966 to  
8 November 1968; two Overseas Service Bars, and four bronze service stars
to be affixed to the Republic of 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.




                                  _________Kathleen A. Newman_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015944                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          | PARTIAL GRANT                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]