RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2006
      DOCKET NUMBER:  AR20060006921


      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:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Peguine Taylor                |     |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, correction of his military records
to show award of the Bronze Star Medal and the Purple Heart.

2.  The applicant states that he received both medals but they were never
documented in his records.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge) and a letter, dated 28 April 2006, from a Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
14 September 1971.  The application submitted in this case is dated 25
April 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 requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the Bronze Star
Medal under the provisions of Section 1130 of Title 10, United States Code.
 The applicant has been notified by separate correspondence of the
procedures for applying for this decoration under Section 1130 and, as a
result, it will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted on 8 November 1967 for a period of 3 years.  He
successfully completed basic combat training and advanced individual
training in military occupational specialty (MOS) 62G (quarry machine
operator) and was later awarded MOS 62M (loader operator).  He arrived in
Vietnam on 18 August 1969 and was assigned to Company C, 20th Engineer
Battalion in Vietnam on
25 August 1969.  On 30 December 1969, he was honorably discharged for
immediate reenlistment.  He reenlisted on 31 December 1969 for a period of
     6 years.  He departed Vietnam on 10 August 1970.  On 14 September
1971, the applicant was discharged with a general discharge under the
provisions of Army Regulation 635-212 for unsuitability.

5.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with
Device 1960 as authorized awards.

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

7.  The applicant'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 applicant's name does not appear on the Vietnam Casualty
Roster.

8.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

9.  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 applicant's unit is entitled
to the Meritorious Unit Commendation for actions during the period 1 June
1968 to 31 December 1969 based on Department of the Army General Orders
Number 48, dated 1971.

10.  Department of the Army General Orders Number 8, dated 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

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, and the medical treatment must have been made a matter of
official record.

12.  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.  There is no evidence in the available records which shows that the
applicant was wounded or injured as a result of hostile action in Vietnam.
Regrettably, there is insufficient evidence on which to award the Purple
Heart in this case.

2.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

3.  The applicant’s unit was cited for award of the Meritorious Unit
Commendation while he was assigned to it.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

5.  Evidence shows that the applicant’s records contain administrative
errors which do 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 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 14 September 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 13
September 1974.  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

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

CG_____  __TR____  __PT____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

2.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the Vietnam Service Medal
with four bronze service stars, the Meritorious Unit Commendation, and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.




                                  _____Curtis Greenway__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006921                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061114                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0015                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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