RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 July 2006
      DOCKET NUMBER:  AR20050017819


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Ernestine Fields              |     |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 DD Form 214 (Report of
Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states, in effect, that while serving in Vietnam his
armored personnel carrier (APC) was hit by land mines on two occasions and
his APC was hit once by a rocket propelled grenade wherein he sustained
broken ribs and bleeding ears.

3.  The applicant provides an eyewitness statement and a copy of his DD
Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 June 1970.  The application submitted in this case is dated
8 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 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 was inducted on 19 September 1968.  He arrived in Vietnam
on 10 February 1969.  He served as a light weapons infantryman assigned to
Company B, 1st Battalion, 16th Infantry of the 1st Infantry Division in
Vietnam from 19 February 1969 through 9 February 1970.  On 26 June 1970,
the applicant was released from active duty in the rank of specialist four
after completing 1 year, 9 months, and 8 days of creditable active service
with no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, the Army Commendation Medal, two awards of the Overseas
Service Bar, the Combat Infantryman Badge, and the Expert Marksmanship
Qualification Badge (Rifle M-14 and M-16) and Grenade Bars 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 an eyewitness
statement, dated 10 October 2003, from a fellow Soldier at the time in
question.  He attests that in approximately May/June 1969, while on patrol,
the APC the applicant was driving took a rocket propelled grenade round
which caused his ears to bleed.  He also attests that on another occasion,
while driving an APC, the applicant hit a land mine causing him injuries
and he was awarded the Purple Heart.

8.  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.

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

10.  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 is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 2, dated 1971.

11.  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.

12.  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.

13.  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.

14.  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.  Although the applicant contends that he was wounded in Vietnam, there
is no evidence in the available records which shows that he was wounded or
injured as a result of hostile action.  In the absence of orders or other
evidence of record showing that the applicant was injured or treated for
any wounds as a result of hostile action in Vietnam, the eyewitness
statement provided by the applicant is not sufficient as a basis for an
award of the Purple Heart.  Regrettably, there is insufficient evidence on
which to base any award of the Purple Heart in this case.
2.  The applicant was separated in the rank of specialist four with 21
months 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 19 September 1968 through 26 June
1970 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

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

4.  The applicant's unit received 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 26 June 1970; therefore, the time for the applicant
to file a request for correction of any error expired on 25 June 1973.
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 FULL RELIEF

LE______   PM____  _EF_____  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 19 September 1968 through 26 June 1970; and

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



                            __Lester Echols_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017819                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060718                                |
|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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