RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20060000899


      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, as the spouse and legal representative of a former
service member (FSM), requests correction of her husband’s military records
to show award of the Purple Heart.

2.  The applicant states the FSM was wounded in Vietnam and should have
received the Purple Heart.  She contends that he was a medic and was
supposed to fill out the paperwork for the Purple Heart; however, he did
not do it. She also contends that the only evidence is the scar on the
FSM’s leg.

3.  The applicant provides a General Power of Attorney and a copy of his DD
Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
2 March 1968.  The application submitted in this case is dated 14 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 FSM was inducted on 15 March 1966.  He arrived in Vietnam on 1 July
1967.  He served as a medic assigned to Headquarters and Headquarters
Company, 1st Battalion, 22nd Infantry of the 4th Infantry Division in
Vietnam from 14 July 1967 through 29 February 1968.  On 2 March 1968, the
FSM was released from active duty in the temporary rank of specialist five
after completing 1 year, 11 months, and 18 days of creditable active
service with no time lost.

4.  The FSM’s DD Form 214 shows the National Defense Service Medal, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device
1960, the Combat Medical Badge, two awards of the Overseas Service Bar, and
the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as
authorized awards.

5.  There is no evidence in the available records which shows that the FSM
was awarded the Purple Heart or was wounded as a result of hostile action
in Vietnam.

6.  The FSM'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 FSM's name does not appear on the Vietnam Casualty Roster.

7.  On 2 March 1968, the FSM underwent a separation physical examination
which makes no mention of any injuries or wounds sustained as a result of
hostile action in Vietnam.  Item 39 (Identifying Body Marks, Scars,
Tattoos) on his Standard Form 88 (Report of Medical Examination) was rated
abnormal and the entry, “SCAR Right Temple” was entered to describe the
abnormality.

8.  There is no evidence the FSM received the first award of the Good
Conduct Medal.  There also is no evidence the FSM 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 FSM participated in two 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 FSM's unit is entitled to
award of the Valorous Unit Award for actions during the period 30 January
1968 to
12 February 1968 based on Department of the Army General Orders Number 43,
dated 1970.

11.  Department of the Army Pamphlet 672-3 shows the FSM’s unit is entitled
to the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 54, dated 1974.

12.  Department of the Army Pamphlet 672-3 also shows that the FSM’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.

13.  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.

14.  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.

15.  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 the FSM was wounded in Vietnam and
has a scar on his leg, there is no evidence of record which shows that the
FSM was wounded or treated for wounds sustained as a result of hostile
action in Vietnam.  Regrettably, there is insufficient evidence on which to
base award of the Purple Heart in this case.

2.  The FSM was separated in the temporary rank of specialist five with
23 months of creditable active service with no time lost.  Therefore, it
appears the FSM met the eligibility criteria for the first award of the
Good Conduct Medal for the period 15 March 1966 through 2 March 1968 based
on completion of a period of qualifying service ending with the termination
of a period of Federal military service.

3.  The FSM 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 FSM's unit received 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 while he was
assigned to it.
5.  Records show the applicant should have discovered the alleged error now
under consideration on 2 March 1968; therefore, the time for the applicant
to file a request for correction of any error expired on 1 March 1971.
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 15 March 1966 through 2 March 1968; 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, 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.

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                 |AR20060000899                           |
|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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