RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20060000804


      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:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. John Heck                     |     |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 his DD Form 214 shows the Vietnam Service Medal
but not the Purple Heart.  He contends that he discovered the error when
applying for benefits, that he has the medal, and that he would like the
error corrected.

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 January 1970.  The application submitted in this case is
dated 6 January 2006.

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 29 January 1968.  He arrived in Vietnam
on
20 April 1969.  He served as a light weapons infantryman assigned to
Company D, 1st Battalion, 77th Armor of the 1st Brigade in Vietnam from 28
April 1969 until he was hospitalized on 14 August 1969 and transferred to
the United States on
9 September 1969 for further medical treatment.  On 28 January 1970, the
applicant was released from active duty in the temporary rank of specialist
four after completing 2 years of creditable active service with no time
lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal
and the Vietnam Service Medal 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.  A service medical record, dated 12 January 1970, shows the applicant
fractured his right femur on 8 August 1969 in Vietnam.  However, there is
no evidence which shows this injury was the result of hostile action.

8.  The applicant’s Standard Form 89 (Report of Medical History), dated
14 January 1970, shows he reported that he was wounded in Vietnam in August
1969 and that he fractured his right femur and hand.

9.  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.

10.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

11.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

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.  There is no evidence in the available records which shows the applicant
was wounded or injured as a result of hostile action in Vietnam.
Contemporaneous medical evidence does not show that his fractured right
femur was the 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 entry on his
Standard Form 89 which shows he was wounded in Vietnam 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 2 years
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 29 January 1968 through 28 January 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 two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 28 January 1970; therefore, the time for the
applicant to file a request for correction of any error expired on 27
January 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

SP_____  _RL____  JH______  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 29 January 1968 through 28 January 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 two bronze service
stars, and the Republic of Vietnam Gallantry Cross with Palm 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.



                            ____Shirley Powell____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000804                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060815                                |
|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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