RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060003259


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
the award of the Purple Heart.

2.  The applicant states that "while serving in Vietnam I was wounded by
friendly fire.  I was told by my commanding officer that I was not eligible
for the Purple Heart because I was wounded by friendly fire.  I accepted
this to be true until Desert Storm happened and I heard on TV that service
men were being awarded the Purple Heart due to friendly fire."

3. The applicant does not provide any additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 June 1969, the date of his release from active duty.
The application submitted in this case is dated 20 January 2006; however,
it was received on 3 March 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 records show that he entered active duty on 13 June
1966.  He completed basic combat training and advanced individual training
and was awarded the military occupational specialty 62B10 (Engineer
Equipment Repairman).

4.  He served a tour of duty with Headquarters and Headquarters Company,  
65th Engineer Battalion in the Republic of Vietnam during the period 27
December 1966 through 12 June 1967.

5.  He was assigned as a patient to the Medical Hold Detachment, 249th
General Hospital in Japan during the period 13 June 1967 through 21 July
1967.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the National Defense Service Medal, Vietnam Service Medal and
Vietnam Campaign Medal.  However, it does not show the Purple Heart.

7.  Item 40 (Wounds) of the applicant's DA Form 20 does not contain any
entry.

8.  There are no general orders in the available records which show the
applicant was awarded the Purple Heart.

9.  There are no medical records in the applicant's official military
personnel file to show he sustained wounds as a result of friendly fire or
to show he was treated for wounds sustained as a result of friendly fire.

10.  A review of the Republic of Vietnam Casualty Files does not show the
applicant's name listed among those wounded.

11.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also provides that there
are no time limitations on requests for award of the Purple Heart.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Purple Heart to individuals wounded or killed as a result of “friendly
fire” in the “heat of battle” as long as the “friendly” projectile or agent
was released with the full intent of inflicting damage or destroying enemy
troops or equipment.

13.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

14. Department of the  Army  Pamphlet  672-3  (Unit  Citation  and  Campaign
Participation Credit Register) shows the applicant is entitled to  award  of
the Republic of Vietnam Gallantry Cross with Palm  Unit  Citation  based  on
Department of the Army General Orders Number 8, dated 1974.





15.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.

16.  Appendix B of Army Regulation 600-8-22 shows that based on the
applicant's dates of service in the Republic of Vietnam, he participated in
the Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967) and
Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968).  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  There is no evidence in his available records which shows he was
wounded or injured as a result of hostile action or friendly fire in heat
of battle.  His name does not appear on the Republic of Vietnam Casualty
Files.  Therefore, he is not entitled to the award of the Purple Heart.

3.  Orders show that the applicant is entitled to award of the Republic of
Vietnam Gallantry Cross Unit Citation.  Therefore, he is entitled to
correction of his records to show this foreign unit award.

4.  The applicant was assigned to Vietnam during two campaigns.  Therefore,
he is entitled to correction of his records to show two bronze service
stars to be worn on his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 June 1969.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 11 June 1972.  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.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___mmd_  ____jcr__  ___rdg___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely
file in this case based on the Purple Heart.

2.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined the overall merits of
this case are insufficient as basis for correction of the records of the
individual concerned to show award of the Purple Heart.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by showing award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and two bronze service stars to be affixed to the
Vietnam Service Medal.




                                  _________Melinda M. Darby_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003259                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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