RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 July 2006
      DOCKET NUMBER:  AR20060000109


      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:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, that the already-awarded Purple
Heart 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 received the Purple Heart but
it was not included on his DD Form 214.  He continues by stating that he
was told in Vietnam that he would be given the Purple Heart.  He was
medically evacuated from Vietnam to Japan and was never told anything
further.  When he got his military records it showed he was awarded the
medal.

3.  In support of his application, the applicant submits a copy of his DD
Form 214, a copy of page four of his DA Form 20, Enlisted Qualification
Record; and a copy of page 7 of a Department of Veterans Affairs rating
decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 2 March 1973, the date of his discharge.  The
application submitted in this case is dated 20 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 reconstructed personnel records and
information obtained from alternate sources.

4.  The applicant’s available military records show he enlisted in the
Regular Army on 29 March 1966.  He was honorably discharged on 30
September 1970 in the rank/pay grade, Specialist Five/E-5, for the purpose
of immediately reenlisting. The applicant reenlisted in the Regular Army
on 1 October 1970 and on 2 March 1973, he was honorably discharged in the
rank/pay grade, Specialist Five/E-5, for
physical disability, with entitlement to receive severance pay.  On the
date he was discharged he had completed 6 years, 11 months, and 13 days
total active military service.

5.  A DD Form 214 for the applicant's first period of service, from 29
March 1966 through 30 September 1970, is not available.  The applicant was
provided an NA Form 13038, Certification of Military Service, to document
this period of his service.

6.  The applicant served in Vietnam from 6 May 1968 through 30 May 1969,
with the 15th Engineer Company.  Item 38, (Record of Assignment), of the
applicant's DA Form 20, shows he was medically evacuated to the Medical
Holding Company, 106th General Hospital, on 4 January 1969.

7.  The evidence shows the applicant returned to Vietnam on 15 January 1971
and served with the 513th Engineer Company (Dump Truck) until he departed
from Vietnam on 21 December 1971.

8.  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 Good Conduct Medal, the National Defense Service
Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal,
and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  The
Purple Heart is not shown on the applicant's DD Form 214.

9.  An entry in Item 40 (Wounds) of the applicant's DA Form 20, shows,"1st
and 2d degree burns on face from expl rockets/28 May 69."

10.  There is an entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he was awarded the Purple Heart, by General
Orders 133, Headquarters, 71st Evacuation Hospital, in 1969.  Copies of
these orders are not available in the applicant's available service
personnel records for the Board's review.

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 the
applicant is entitled for his campaign participation.
12.  While in Vietnam, the applicant participated in the following seven
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase IV,
which extended from 2 April through 30 June 1968; the Vietnam
Counteroffensive, Phase V, which extended from 1 July through 1 November
1968; 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
Counteroffensive, Phase VII, which extended from 1 July 1970 through 30
June 1971; the Consolidation I, which extended from 1 July through 30
November 1971; and the Consolidation II, which extended from 1 December
1971 through 29 March 1972.

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 15th Engineer Company, was awarded the
Valorous Unit Award for the period 9 May through 1 July 1969, by Department
of the Army General Order (DAGO) Number 43, dated 1970.  This unit award is
not shown on the applicant's DD Form 214.

14.  DA Pamphlet 672-3, shows that the unit the applicant was assigned to
during his second tour of duty in Vietnam, the 513th Engineer Company (Dump
Truck), was awarded the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation for the period 1 April through 31 July 1971, by DAGO
11, dated 1973 and for the period 3 May 1970 through 30 April 1971, by DAGO
6, 1974.

15.  DA Pamphlet 672-3 also shows that the applicant's units of
assignment, subordinate units of the United States Army, Vietnam, were
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated
1974.  This unit award is also not shown on the FSM's DD Form 214.

16.  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.

17.  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.

18.  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.

19.  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.  The evidence of record shows that the applicant received 1st and 2nd
degree burns to the face from a rocket explosion while he served in
Vietnam.  He was awarded the Purple Heart and the corresponding
information was posted to his DA Form 20.  Copies of general orders
awarding the Purple Heart to the applicant were published but are not
available for the Board's review; nonetheless, the applicant is entitled
to have the Purple Heart added to his DD Form 214.

2.  The applicant participated in seven campaigns while he served in
Vietnam during his two tours of duty there.  Therefore, he is entitled to
award of one silver service star and two bronze service stars to be affixed
to his already-awarded Vietnam Service Medal to denote his campaign
participation credit.

3.  The applicant served in units that were awarded the Valorous Unit
Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
(Two Awards) while he was a member of the respective units unit.  These
unit awards are not shown on his DD Form 214.  Therefore, he is entitled to
these unit awards and to have them added to his DD Form 214.

BOARD VOTE:

___EM___  __JCR__  ___J____  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.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  adding the already awarded Purple Heart to the applicant's DD Form
214;

      c.  awarding the applicant the Vietnam Service Medal, with one silver
service star and two bronze service stars, and adding these awards to the
applicant's DD Form 214; and

      d.  awarding the applicant the Valorous Unit Award, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation (Two Awards)
and adding these unit awards to his DD Form 214.




                                  ___John T. Meixell_______
                                                 CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060000109                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060727                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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