RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20050017184


      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. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, correction of his records to show
award of the Purple Heart.

2.  The applicant states, in effect, that he was awarded a Purple Heart for
a wound he received in action in Vietnam on 24 June 1970; however, his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) does not show the award and the Purple Heart Certificate that
was issued contains a typographic error.

3.  The applicant provides his DD Form 214, with an effective date of 11
July 1970, a copy of his Purple Heart Certificate, and Certificate of
Appreciation from the Commander-In-Chief.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 July 1970, the date of his separation from active duty.  The
application submitted in this case is dated 24 October 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 military service records show that he was inducted into
the U.S. Army on 12 February 1968.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 12A (Pioneer).  He was subsequently
awarded MOS 12B (Combat Engineer).

4.  The applicant's military service records show that he was assigned to
Battery C, 5th Battalion, 4th Artillery, 1st Brigade, 5th Infantry Division
in Vietnam from 31 July 1969 to 23 October 1969.  He was subsequently
assigned to the
20th Engineer Brigade from 24 October 1969 to 27 October 1969, and then to
Company C, 31st Engineer Battalion from 28 October 1969 to 7 July 1970.  He
was honorably separated from the U.S. Army on 11 July 1970 after serving on
active duty for 1 year, 11 months, and 15 days.

5.  The applicant's military service records contain a copy of his DD Form
47 (Record of Induction), dated 12 February 1968.  Item 2 (Service Number)
of the DD Form 47 contains the entry "US #####820".  (At the time of the
applicant's induction, the Social Security Number was not used as a form of
identification.)

6.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 2 (Service Number) the entry "US ## ### 820" and Item 3
(Social Security Number) contains the entry "###-##-4876".  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of the document shows that he was awarded the
National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam
Campaign Medal, and Republic of Vietnam Civil Actions Honor Medal First
Class.

7.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 1
(Name and Service Number), contains the entry "B______ P_____ L, US
#####820, ###-##-4876".  Item 31 (Foreign Service) of the DA Form 20 shows
that he served in the Republic of Vietnam from 12 July 1969 through 11 July
1970.  Item 39 (Campaigns) of this document shows that the applicant
participated in one unnamed campaign.

8.  There are no orders in the applicant’s service personnel record which
shows that he was awarded the Purple Heart.  His DA Form 20 does not show
an entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards
and Decorations).  However, the applicant's military service records
contain a copy of Headquarters, U.S. Army Vietnam, message, date-time-group
251839Z June 1970, sent to Headquarters, Department of the Army, Casualty
Division, and a Western Union Telefax, dated 25 June 1970.  The message
shows, in pertinent part, that on 24 June 1970 at 1345 hours, the applicant
sustained a fragmentation wound to his left arm from a hostile rocket
propelled grenade and small arms fire while riding as a passenger in a 5-
ton vehicle on a convoy mission.  The telefax shows, in pertinent part,
that the wound was treated and the applicant was returned to duty.  In
addition, the applicant's name, along with his Social Security Number, is
listed on The Adjutant General, Casualty Division's, Vietnam Casualty
Roster as having been wounded in action on 24 June 1970.

9.  In support of his application, the applicant provides his DD Form 214,
a copy of his Purple Heart Certificate, and a Certificate of Appreciation.
The applicant's DD Form 214 shows, in pertinent part, the applicant's
Service Number and Social Security Number.  The Purple Heart Certificate
shows that he was awarded the Purple Heart for wounds received in action
while serving in the Republic of Vietnam on 24 June 1970 and, in pertinent
part, shows his Social Security Number as "###-##-4096".

10.  A review of the applicant's records reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following campaigns:  Vietnam Summer-Fall 1969, Vietnam Winter-
Spring 1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive
Phase VII; a total of four campaigns.

12.  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 Vietnam, Headquarters, U.S. Army Vietnam and its
subordinate units were awarded the Republic of Vietnam Gallantry Cross with
Palm Unit Citation by Headquarters, Department of the Army, General Orders
Number 8 (1974).

13.  The applicant's records contain a copy of Headquarters, 5th Infantry
Division (Mechanized) and Fort Carson, Fort Carson, Colorado, Special
Orders Number 142, dated 22 May 1969, which shows that he was awarded the
Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

14.  The applicant's records contain a copy of Headquarters, 2nd Training
Brigade, U.S. Army Training Center, Fort Gordon, Georgia, Special Orders
Number 59, dated 27 March 1968, which shows that he was awarded the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
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.

16.  Army Regulation 600-8-22, Table 3-5 (Steps for Preparing Army Awards
Certificates) provides guidance on the preparation of Army award
certificates.  This document instructs, in pertinent part, to type the
Soldier's name (with rank) centered on the certificate and to type the unit
name one line below the name.  (As a matter of Army policy, the
Soldier's/Veteran's Social Security Number is no longer typed on the award
certificate.)

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.

18.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

19.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

20.  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.  For 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 Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and the month of departure from
Vietnam are counted as whole months for credit toward the Overseas Service
Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart because he was wounded in action in Vietnam on 24 June 1970.
The applicant provides a copy of his Purple Heart Certificate in support of
his claim; however, he points out that the Social Security Number that is
shown on the certificate contains a typographic error and requests
correction of his records.

2.  The evidence of records shows that the applicant was wounded in Vietnam
as a result of hostile action on 24 June 1970, the wound required
treatment, and the medical treatment was made a matter of official record.
Therefore, he is entitled to correction of his records to show award of the
Purple Heart.

3.  The evidence of record also shows that the applicant's Social Security
Number on the Purple Heart Certificate that awarded him the Purple Heart is
incorrect.  Therefore, he is entitled to a "corrected copy" of a Purple
Heart Certificate that awards the applicant the Purple Heart for wounds
received in action on 24 June 1970 while assigned to Company C, 31st
Engineer Battalion in the Republic of Vietnam.

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 4
bronze service stars to be affixed to his Vietnam Service Medal.

5.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

6.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Automatic Rifle Bar and Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to
correct his records to show these two badges.

7.  Records show that the applicant served a total of 12 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of 2
Overseas Service Bars.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 July 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
10 July 1973.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case as there
is not time limitation on award of the Purple Heart.

BOARD VOTE:

__RTD __  __DAC___  __RMN_  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 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 the applicant the Purple Heart for wounds received in
action on 24 June 1970 while assigned to Company C, 31st Engineer Battalion
in the Republic of Vietnam;

      b.  correcting his DD Form 214 to delete the Vietnam Service Medal;
and

      c.  correcting his DD Form 214 to add the Purple Heart, Vietnam
Service Medal with 4 bronze service stars, Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with
Automatic Rifle Bar, Sharpshooter Marksmanship Qualification Badge with
Rifle Bar, and
2 Overseas Service Bars.




                            ___Richard T. Dunbar_____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017184                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060817                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19700711                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5, Section VII      |
|DISCHARGE REASON        |Early Separation of Overseas Returnee   |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0108.0000                           |
|3.                      |107.0109.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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