RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060000845


      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:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. Jonathan K. Rost              |     |Member               |
|     |Mr. David K. Haasenritter         |     |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 award of the Purple Heart.

2.  The applicant states, in effect, that he suffered an injury to his foot
from a burning piece of C4 explosive while performing his assigned duties
in a combat zone in Vietnam.  The applicant adds, in effect, that he was
recently advised by Department of Veterans Affairs' counselors that non-
receipt of the Purple Heart was probably due to an oversight of his Army
leadership at the time.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 June 1971, the date of his separation from active duty.  The
application submitted in this case is dated 3 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's military service records show that he was inducted into
the U.S. Army on 24 June 1969.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's military service records show that he was assigned to
Company A, 5th Battalion, 60th Infantry, 3rd Brigade, 9th Infantry Division
in Vietnam from 14 December 1969 through 4 September 1970.  He was then
assigned to Company B, 158th Aviation Battalion, 101st Airborne Division
(Airmobile) (Vietnam) from 5 September 1970 through 3 November 1970.  He
was honorably separated from the U.S. Army on 23 June 1971 after serving on
active duty for a total of 2 years.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge), issued at the time of his separation, shows in
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) that he was awarded the National Defense
Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal
with "1960" device, Combat Infantryman Badge, Army Commendation Medal, Air
Medal, Expert Marksmanship Qualification Badge with Machinegun Bar,
Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman
Marksmanship Qualification Badge with Automatic Rifle Bar, and 2 Overseas
Service Bars.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 5
November 1969 through 7 November 1970.  Item 39 (Campaigns) of this
document shows that he participated in the Vietnam Winter-Spring 1970 and
the 13th (a then unnamed) campaign.

7.  There are no orders in the applicant’s service personnel record which
show that he was awarded the Purple Heart.  There also is no evidence in
his records that he was wounded or treated for wounds as a result of
hostile action.  His DA Form 20 does not show an entry in Item 40 (Wounds)
or list the Purple Heart in Item 41 (Awards and Decorations).  The
applicant's name is not listed on The Adjutant General, Casualty
Division's, Vietnam Casualty Roster.

8.  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.

9.  The applicant's records contain a copy of Headquarters, II Field Force
Vietnam, General Orders Number 4019, dated 7 October 1970, which shows that
he was awarded the Bronze Star Medal with "V" device for heroism in
connection with ground operations against a hostile force on 18 August 1970
while serving as a rifleman in the Republic of Vietnam.

10.  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.

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 three campaigns:  Vietnam Winter-Spring 1970, Department
of the Army Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase
VII.

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 Company A, 5th Battalion, 60th Infantry
(Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation by Headquarters, Department of the Army, General
Orders Number 55 (1971).  This document also shows that, at the time of the
applicant's assignment, the unit was cited for award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation by
Headquarters, Department of the Army, General Orders Number 55 (1971).

13.  The applicant's records contain a copy of Headquarters, 1st Infantry
Division (Mechanized) and Fort Riley, Fort Riley, Kansas, Special Orders
Number 42 (Extract), dated 11 February 1971, which shows that he was
awarded the Expert Marksmanship Qualification Badge with (M-16) Automatic
Rifle Bar.

14.  The applicant's records contain a copy of Headquarters, 1st Infantry
Division (Mechanized) and Fort Riley, Fort Riley, Kansas, Special Orders
Number 130 (Extract), dated 10 May 1971, as amended by Headquarters, 1st
Infantry Division (Mechanized) and Fort Riley, Fort Riley, Kansas, Special
Orders Number 133 (Extract), dated 13 May 1971, which shows that he was
awarded the Expert Marksmanship Qualification Badge with (.45 Caliber)
Pistol 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.  United States Army Vietnam Regulation 672-1 (Military Awards) governed
the military awards program in Vietnam during the Vietnam War.  This
regulation stated that the Bronze Star Medal may have been awarded for
heroism, meritorious achievement or meritorious service which did not
involve aerial flight, but which was performed in connection with military
operations against an armed enemy including combat, support, and supply
operations.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze
“V” device indicates acts of heroism involving conflict with an armed enemy
and authorizes the bronze “V” device in conjunction with awards of the Army
Commendation Medal, Air Medal, and Bronze Star Medal.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

19.  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.

20.  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.

21.  Army Regulation 600-8-22 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

22.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart
because he suffered an injury to his foot from a burning piece of C4
explosive while performing his assigned duties in a combat zone in Vietnam.
 However, the applicant provides insufficient documentary evidence in
support of his claim.

2.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.  Therefore, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

3.  General Orders awarded the applicant the Bronze Star Medal with "V"
device. Therefore, it would be appropriate to correct his records to show
this award.

4.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 24 June 1969 through 23 June 1971 based on completion of a
period of qualifying service ending with the termination of a period of
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.

5.  Records show that the applicant served in three campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 3
bronze service stars to be affixed to his Vietnam Service Medal.

6.  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.

7.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

8.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Automatic Rifle Bar and Pistol Bar.  Therefore, it
would be appropriate to correct his records to show award of this badge
with these two component bars.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 June 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
22 June 1974.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SAP__  __DKH___  __JKR__  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 the applicant the Good Conduct Medal for exemplary
conduct, efficiency, and fidelity during the period 24 June 1969 through 23
June 1971;

      b.  correcting his DD Form 214 to delete:  "Vietnam Service Medal",
"Expert (M-60)", and "MM (M-16)"; and

      c.  correcting his DD Form 214 to add:  Bronze Star Medal with "V"
device, Good Conduct Medal, Vietnam Service Medal with 3 bronze service
stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and Expert Marksmanship Qualification Badge with Automatic Rifle,
Machinegun, and Pistol Bars.

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.




                            ____Susan A. Powers____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000845                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |09710623                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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