RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060002442


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 that his military occupational specialty (MOS)
be changed from 12B20 (Combat Engineer) to 12B30 (Combat Demolition
Specialist).  He also requests award of the Purple Heart.

2.  The applicant states that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) does not reflect the injury he
sustained in Vietnam or award of the Purple Heart.  He states he was
medically evacuated and treated at Walter Reed Army Medical Hospital.

3.  The applicant provides his DD Form 214; a supplemental letter; two DA
Forms 8-274 (Medical Condition - Physical Profile Record); a Standard Form
509 (Clinical Record - Doctor’s Progress Notes); and his DA Form 20
(Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 16 January 1968.  The application submitted in this case is dated 6
February 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 into the Army on 17 January 1966.  He
completed basic combat training at Fort Knox, Kentucky and was reassigned
to Fort Leonard Wood, Missouri for advanced individual training (AIT).  At
the successful completion of AIT, he was awarded MOS 12A (Pioneer).  In
June 1966, he was reassigned to Fort Campbell, Kentucky in duty MOS 12B20
as a combat engineer.

4.  His DA Form 20 shows he was assigned to Vietnam on 8 September 1966
with Company A, 27th Engineer Battalion (Combat) in duty MOS 12B20 as a
combat engineer.

5.  Headquarters, 27th Engineer Battalion (Combat) Special Orders Number
68, dated 18 April 1967 awarded the applicant primary MOS 12B30 and
withdrew primary MOS 12B20.

6.  The applicant departed Vietnam on 5 September 1967 and was credited
with participation in two campaigns.  His DA Form 20 shows he was medically
evacuated to the Walter Reed General Hospital on 6 September 1967.

7.  The Clinical Record - Doctor’s Progress Notes indicates the applicant
was admitted to Walter Reed General Hospital on 6 September 1967 due to an
acute sprain to his right ankle.  He was discharged from the hospital on
11 September 1967 with an L3 temporary profile for 90 days.

8.  The applicant’s Medical Condition - Physical Profile Record, dated
11 September 1967, shows he was given a temporary physical profile of
113T111 based on an acute sprain to his right ankle.

9.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  His DA Form 20 does not list any wounds as a
result of hostile action in item 40 (Wounds).  His name is not included on
the Vietnam Casualty Roster.

10.  On 18 December 1967, the applicant was given a temporary profile of
11T3111 for healing of his ankle sprain.

11.  The applicant was honorably released from active duty on 16 January
1968 at the expiration of his term of service.  On the following date, he
was transferred to the U.S Army Reserve Control Group (Annual Training).

12.  His DD Form 214 shows he was awarded the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal, the Army Good Conduct Medal, the
National Defense Service Medal, and the Marksman Marksmanship Qualification
Badge with Rifle Bar.

13.  Item 23a (Military Occupational Specialty and Title) on the
applicant’s DD Form 214 shows his MOS as 12B20.

14.  Headquarters, Department of the Army General Orders Number 8, dated
1974, awarded all units which served in Vietnam the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

15.  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 the 27th Engineer Battalion, this unit was cited
for award of the Meritorious Unit Commendation by Department of the Army
General Orders (DAGO) Number 17, dated 1968.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 27th Engineer Battalion, this unit was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation by DAGO Number 43, dated 1970.

17.  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.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

18.  Army Regulation 635-5 (Separation Documents) governs the preparation
of the DD Form 214.  It states that the DD Form 214 is a synopsis of the
Soldier's most recent period of continuous active duty.  It provides a
brief, clear-cut record of active Army service at the time of release from
active duty, retirement or discharge.  In pertinent part, it directs that
the PMOS code number and title will be entered in item 23a on the DD Form
214.

19.  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.

20.  Army Regulation 611-201 (Enlisted Career Management Fields and
Military Occupational Specialties), the regulation in effect at the time,
listed the title of MOS 12B as combat engineer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed training in MOS 12A and was awarded primary
MOS 12A.  He was assigned to Vietnam in duty MOS 12B20 as a combat engineer
in September 1966.

2.  Orders show the applicant was awarded primary MOS 12B30 in April 1967.
It appears he continued to serve in MOS 12B30 until he was released from
active duty on 16 January 1968.  However, his DD Form 214 incorrectly
reflects his MOS as 12B20 in item 23a.  Therefore, it would be appropriate
to amend his DD Form 214 to show his MOS as 12B30 in item 23a.  However,
the title is still combat engineer.

3.  There are no orders which authorize award of the Purple Heart to the
applicant.  His name is not listed on the Vietnam Casualty Roster.

4.  The applicant’s medical documents indicate he had an acute sprain to
his right ankle; however, there is no evidence of record which verify that
the applicant was wounded or injured as a result of hostile action.
Therefore, there is insufficient evidence on which to base correction of
his records to show award of the Purple Heart.

5.  The applicant received credit for participation in two campaigns during
the Vietnam War.  Therefore, his DD Form 214 should be administratively
corrected to show two bronze service stars for wear on his Vietnam Service
Medal.

6.  The applicant was assigned to a unit during a period it was cited for
award of the Meritorious Unit Commendation and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Later, all units in
Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army General Orders Number 8,
dated 1974.  Therefore, these awards should be added to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 January 1968; therefore, the time
for
the applicant to file a request for correction of any error or injustice
expired on 15 January 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

WP______  JR______  KJ______  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.  amending item 23a on his DD Form 214 to show the entry “12B30
Combat Engineer”;

      b.  adding the Meritorious Unit Commendation, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214; and

      c.  authorizing him to wear two bronze service stars on his Vietnam
Service Medal.

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.




                            William Powers________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002442                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0500                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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