RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      1 August 2006
      DOCKET NUMBER:  AR20050017434


      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:

|     |Ms. Kathleen 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, through his Member of Congress, in effect, that
he be awarded the Purple Heart and that it be added to his DD Form 214,
Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that he served in Vietnam in 1969-70.
He was never put in for the Purple Heart.  His records are not available
now since they burned up in the St. Louis, Missouri, fire.

3.  In support of his application, the applicant submits a copy of his DD
Form 214, a copy of orders for his release from active duty on 12 August
1970, and eighteen pages taken from his personal medical treatment records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 12 August 1970, the date of his release from
active duty.  The application submitted in this case is dated 20 October
2005, but was received for processing on 1 December 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 are believed to have been lost or
destroyed in the National Personnel Records Center fire of 1973.
Information herein was obtained from the applicant's report of transfer or
discharge and from other official Army sources.

4.  The applicant’s available records show he was inducted into the Army of
the United States on 13 August 1968.  The applicant's report of transfer or
discharge shows he held and served in the military occupational specialty
(MOS), 11B (Light Weapons Infantryman).
5.  The applicant served in Vietnam from 19 January 1969 through 18 January
1970, with Company A, 2nd Battalion, 28th Infantry Regiment, 1st Infantry
Division.

6.  The applicant was honorably released from active duty, on 12 August
1970, under the provisions of Army Regulation (AR) 635-200, at the
expiration of his term of service.  He was separated in the rank/pay grade,
Specialist Four/E-4.  On the date he was released from active duty, he had
completed 2 years service, with no lost time.

7.  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 Air Medal; the Army Commendation Medal; the
National Defense Service Medal; the Vietnam Service Medal; the Sharpshooter
Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle]; and the
Combat Infantryman Badge.  The Purple Heart is not shown on the applicant's
DD Form 214.  The applicant's DD Form 214 also does not show his
entitlement to the Republic of Vietnam Campaign Medal.

8.  The applicant's DA Form 20, Enlisted Qualification Record, is not
available for the Board's review.  It is believed this record was lost or
destroyed in the St. Louis fire of 1973.

9.  The applicant's name does not appear on the Vietnam Casualty List or in
the US Army Casualty Information System on file at the US National Archives
and Records Administration, College Park, Maryland.

10.  The eighteen pages taken from his personal medical treatment records,
the preponderance of them being Standard Forms 600, Chronological record of
Medical Care, show the applicant was treated for a variety of illnesses
(hemorrhoids, migraine headaches, a kidney infection, and a urinary tract
infection) and for injuries sustained from a fall from an armored personnel
carrier. Attending medical personnel made no indication that these
illnesses or injuries were attributable to action by the enemy.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which he is
entitled for his campaign participation.
12.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase VI,
which extended from 2 November 1968 through 22 February 1969; 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; and the Vietnam Winter-Spring 1970, which extended from 1 November
1969 through 30 April 1970.

13.  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:  the 2nd Battalion, 28th Infantry Regiment, was
awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period 23 September 1969 through 15 February 1970, by Department of
the Army General Order (DAGO) Number 2, dated 1971; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the
period October 1965 through 7 April 1970, by DAGO 53, dated 1970.  The
applicant was assigned to this unit at the time the unit was cited for this
unit award.

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.  AR 600-8-22 provides, in pertinent part, for award of the Republic of
Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to
all members of the Armed Forces of the United States for qualifying service
in Vietnam during the period 1 March 1961 through 28 March 1973.
Qualifying service included assignment in Vietnam for 6 months or service
outside the geographical limits of the Republic of Vietnam that contributed
direct combat
support to the Republic of Vietnam and its Armed Forces.  Individuals who
had qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due wounds resulting from hostile action were entitled to award of
the Republic of Vietnam Campaign Medal.

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.

18.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
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.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant sustained a wound while engaged with
the enemy while he served in Vietnam.  The medical records the applicant
submitted in support of his request show he was treated a number of times
for a variety of illness and for an injury he sustained when he fell from
an armored personnel carrier; however, attending medical personnel did not
indicate that the unit was engaged with the enemy at the time of his fall.
Based on the evidence, the applicant is not entitled to award of the Purple
Heart and to have it added to his DD Form 214.

2.  The applicant served in four campaigns while he served in Vietnam.  He
is therefore entitled to award of four bronze service stars, to be affixed
to his already-awarded Vietnam Service Medal and to have these service
stars added to his DD Form 214.

3.  The applicant served in the Republic of Vietnam for one year during the
qualifying period for its award.  He is therefore entitled to award of the
Republic of Vietnam Campaign Medal and to have it added to his DD Form 214.

4.  The applicant served in a unit, which was awarded 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
a member of the unit.  These unit awards are not shown on his DD Form 214.
He is entitled to these unit awards and to have them added to his DD Form
214.

5.  The applicant served in Vietnam for 12 months.  He is therefore
entitled to award of two overseas service bars and to have these bars added
to his DD Form 214.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__CVM__  __YM___  __KAN___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

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

      b.  awarding the applicant the Vietnam Service Medal, with four
bronze service stars, and the Republic of Vietnam Campaign Medal, and
adding these awards to his DD Form 214;

      c.  awarding the applicant 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.  awarding the applicant two overseas service bars and adding these
bars to his DD Form 214.




                                  __       K A Newman___________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017434                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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