RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 October 2006
      DOCKET NUMBER:  AR20060001301


      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:

|     |Mr. Patrick H. McGann             |     |Chairperson          |
|     |Mr. David R. Gallagher            |     |Member               |
|     |Mr. Roland S. Venable             |     |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, award of the Purple Heart.

2.  The applicant states, in effect, that he received wounds in both legs
while serving in Vietnam and was given the Purple Heart while he was in the
hospital, but the award was not entered on his discharge document.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of
18 September 1968, and page 5 of a DA Form 1594 (Daily Staff Journal or
Duty Officer's Log), dated 30 January 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 September 1968, the date of his separation from active duty.
 The application submitted in this case is dated 9 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 record shows that he was inducted
into the U.S. Army on 19 September 1966.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 12A (Pioneer).  He was subsequently
awarded MOS 12B (Combat Engineer).

4.  The applicant's military service record shows that he was assigned to
Company C, 299th Engineer Battalion (Combat), 937th Engineer Group (Combat)
in Vietnam from 2 March 1967 through 22 November 1967 and to Company A, 4th
Engineer Battalion, 4th Infantry Division (Vietnam) from
23 November 1967 through 19 February 1968.  He was honorably separated from
the U.S. Army on 18 September 1968 after serving on active duty for a total
of 2 years.

5.  The applicant's DD Form 214, 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 with 3 bronze service stars,
Republic of Vietnam Campaign Medal with "1960" device, and Sharpshooter
Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 26
February 1967 through 21 February 1968.  Item 39 (Campaigns) of this
document shows that he participated in the Vietnam Counteroffensive Phase
II, Vietnam Counteroffensive Phase III, and Vietnam Counteroffensive Phase
(unknown).

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 record 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.  In support of his application, the applicant provides a copy of his DD
Form 214 and page 5 of a DA Form 1594.  The DD Form 214 provides basic
information that substantiates the applicant's military service, overseas
service in Vietnam, and entitlement to specific awards.  The DA Form 1594
shows, in pertinent part, that on 30 January 1968 the 4th Engineer
Battalion, S-4, Daily Staff Journal contained a continuation entry that
indicated, "5 VC [Viet Cong] captured; 3 POW's [prisoners of war], 2 N.V.A.
[North Vietnamese Army] and
1 sympathizer."  This entry also contains the entry "1 slightly wounded and
evac[uated]."  The DA Form 1594 does not identify the individual who was
wounded and evacuated, does not contain the typed name and grade of the
officer or official on duty, nor is the document signed.

9.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

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 campaigns:  Vietnam Counteroffensive Phase II, the Vietnam
Counteroffensive Phase III, and the TET Offensive; a total of three
campaigns.

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, 4th Engineer Battalion (Vietnam), the
unit was cited for award of the Meritorious Unit Commendation by
Headquarters, Department of the Army, General Orders Number 42 (1968).

13.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to Company A, 4th Engineer Battalion (Vietnam),
the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army, General Orders Number 3
(1970).  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 53 (1970).

14.  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.

15.  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.

16.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units
and/or detachments of the Armed Forces of the United States for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months in support of military
operations.
17.  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.

18.  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.

19.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides 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 for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of
arrival and the month of departure from Vietnam are counted as whole months
for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Purple Heart because he received wounds in both legs while serving in
Vietnam and was given the Purple Heart while he was in the hospital.
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.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 19 September 1966 through 18 September 1968 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.

4.  General Orders awarded the applicant's unit the Meritorious Unit
Commendation.  Therefore, it would be appropriate to correct his records to
show this unit award.
5.  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.

6.  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.

7.  Records show that the applicant served a total of 12 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of 2
Overseas Service Bars.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 September 1968.  Therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on
17 September 1971.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in this case based on the fact there is no statute of limitations on
requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__PHM__  ___DRG_  __RSV __  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 19 September 1966
through
18 September 1968; and

      b.  correcting his DD Form 214 to add the Good Conduct Medal,
Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with
Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and 2 Overseas Service 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.




                            ____Patrick H. McGann____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001301                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061011                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680918                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 2, Section VI       |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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