RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 September 2006
      DOCKET NUMBER:  AR20060006983


      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. Eric N. Andersen              |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. Richard O. Murphy             |     |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 award of the Purple Heart.

2.  The applicant states, in effect, that sometime in 1968 while on a mine
sweep mission about 2 kilometers from the back gate near the village of Cu
Chi, Vietnam, he and some other Soldiers came upon a civilian bus which had
hit an anti-tank mine.  The applicant also states, in effect, there were
several civilian casualties and Soldiers from the first two squads helped
the wounded onto helicopters for medical evacuation.  In the meantime, the
applicant was busy hooking up a chain so that a 5-ton dump truck could pull
the bus off the road.  While the dump truck was turning around in the road,
it hit a mine and the blast shredded his flack jacket and injured him.  The
applicant adds, in effect, that his sergeant said he was putting him and
the driver of the dump truck in for the Purple Heart.  However, shortly
afterwards he was medically evacuated to Camp Zama, Japan, and he never
received the award.  The applicant concludes by stating that he believes he
deserves the award because he served his country while others burned their
draft cards and moved to Canada.

3.  The applicant provides a National Personnel Records Center (NPRC),
Military Personnel Records, St. Louis, Missouri, letter, dated 5 December
2005.  The applicant indicates he provides a document from the Veterans
Administration, Portland, Oregon; however, said document is not included
with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 August 1971, the date of his discharge.  The application
submitted in this case is dated 16 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 records show that he enlisted in the
U.S. Army on 25 August 1967.  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 12C (Bridge Specialist).

4.  The applicant's military service records show that he was assigned to
Company D, 588th Engineer Battalion (Combat) (Army) in Vietnam from
20 January 1968 through 12 August 1968.  He was discharged from the Army
under honorable conditions on 11 August 1971 after completing a total of
2 years, 5 months, and 1 day of creditable active service.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge), 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, Republic of Vietnam Campaign Medal,
Sharpshooter Marksmanship Qualification Badge with (M-16) Automatic Rifle
Bar, and Marksman Marksmanship Qualification Badge with (M-14) 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 13
January 1968 through 12 August 1968.  Item 39 (Campaigns) of this document
shows that he participated in the Vietnam Counteroffensive Phase III
campaign.

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 records 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.  The applicant's records contain a copy of a DA Form 1577 (Authorization
for Issuance of Awards), dated 19 June 1987.  This document was issued by
the Army Reserve Personnel Center, St. Louis, Missouri, in response to the
applicant's request for any and all prior service awards, unit medals, and
campaign ribbons that were not issued on his separation date.  The
applicant's request included a copy of Headquarters, U.S. Army Vietnam,
General Orders Number 4187, dated 9 September 1970, which shows, in
pertinent part, that the 588th Engineer Battalion (Combat) (Army) was
awarded the Meritorious Unit Commendation (First Oak Leaf Cluster) for
meritorious achievement during the period 1 July 1968 to 31 October 1969.
The DA Form 1577 shows, in pertinent part, that the applicant was issued
the Meritorious Unit Commendation with
1 bronze oak leaf cluster, Valorous Unit Award, National Defense Service
Medal, Vietnam Service Medal with 3 bronze service stars, Sharpshooter
Marksmanship Qualification Badge with Automatic Rifle Bar, and Marksman
Marksmanship Qualification Badge with Rifle Bar.  This document also shows
that the applicant is entitled to the Republic of Vietnam Campaign Medal
with "1960" device and the Republic of Vietnam Gallantry Cross with Palm
Unit Citation.  However, the applicant was advised that because these are
foreign awards, the Department of the Army does not issue the medal sets.

9.  In support of his application, the applicant provides a copy of NPRC,
Military Personnel Records, St. Louis, Missouri, letter, dated 5 December
2005.  This document shows that the NPRC verified the applicant's
entitlement to the Meritorious Unit Commendation with 1 bronze oak leaf
cluster, Valorous Unit Award, National Defense Service Medal, Vietnam
Service Medal with 3 bronze service stars, United Nations Service Medal,
Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar,
Marksman Marksmanship Qualification Badge with Rifle Bar, and Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  This document also shows,
in pertinent part, that the applicant was advised "[w]hile NPRC verifies
entitlement to awards, the Department of the Army maintains jurisdiction
for issuing the actual awards."

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

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 four campaigns:  Vietnam Counteroffensive Phase III, TET
Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam
Counteroffensive Phase IV.

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 the 588th Engineer Battalion (Combat) (Army) in
Vietnam, the unit was cited for award of the Valorous Unit Award, for
gallantry in action during the period
18 November 1967 through 23 February 1968, by Headquarters, Department of
the Army, General Orders Number 39 (1970).

13.  Department of the Army Pamphlet 672-3 also shows that while in Vietnam
the 588th Engineer Battalion (Combat) (Army) was cited for award of the
Meritorious Unit Commendation, for exceptionally meritorious achievement in
the performance of outstanding service during the period November 1965
through
February 1967, by Headquarters, Department of the Army, General Orders
Number 17 (1968).  This document also shows that, at the time of the
applicant's assignment to the 588th Engineer Battalion (Combat) (Army) in
Vietnam, the unit was cited again for award of the Meritorious Unit
Commendation for exceptionally meritorious achievement in the performance
of outstanding service during the period 1 July 1968 to 31 October 1969, by
Headquarters, Department of the Army, General Orders Number 2 (1971).
(Note:  Department of the Army, General Orders Number 2 (1971) served to
confirm award of the Meritorious Unit Commendation announced in
Headquarters, U.S. Army Vietnam, General Orders Number 4187, dated 9
September 1970, that is cited in paragraph 8, above.)

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to Company D, 588th Engineer Battalion (Combat)
(Army) in Vietnam, the unit was awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation by Headquarters, Department of the Army,
General Orders Number 8 (1974).

15.  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.

16.  Army Regulation 600-8-22 provides for award of the United Nations
Service Medal.  In pertinent part, the regulation states that the period of
eligibility for the United Nations Service Medal was between 27 June 1950
and 27 July 1954.  The regulation provides that this service medal was
awarded to members of the Armed Forces of the United States dispatched to
Korea or adjacent areas on behalf of the United Nations.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.
18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Valorous Unit Award to units of the Armed Forces of the United States for
extraordinary heroism in action against an armed enemy of the United States
while engaged in military operations involving conflict with an opposing
foreign
force or while serving with friendly foreign forces engaged in an armed
conflict in which the United States is not a belligerent party for actions
occurring on or after 3 August 1963.  This award requires a lesser degree
of gallantry, determination, and esprit de corps than required for the
Presidential Unit Citation.  Nevertheless, the unit must have performed
with marked distinction under difficult and hazardous conditions in
accomplishing its mission so as to set it apart from and above other units
participating in the same conflict.  The degree of heroism required is the
same as that which would warrant award of the Silver Star to an individual.

19.  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.  This Army regulation also states, in pertinent part, that an
oak leaf cluster is awarded to denote each additional or succeeding award
of certain decorations, among which is the Meritorious Unit Commendation.

20.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia), in pertinent part, states that unit awards are authorized for
annotation to the record and permanent wear by an individual who was
assigned and present for duty with the unit at any time during the period
cited or who was attached to and present for duty with the unit for at
least 30 consecutive days of the period cited.

21.  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.

22.  Army Regulation 670-1, 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 that he is entitled to award of the Purple Heart
because while he was on a mine sweep mission and responding to a casualty
situation in Vietnam, a 5-ton dump truck hit a mine and the blast shredded
his flack jacket and injured him.  The applicant also contends that his
sergeant said he was putting him in for the Purple Heart because of his
injury, but he never received the award because he was medically evacuated
to Japan.  However, the applicant provides insufficient documentary
evidence to support his claim.

2.  There is no evidence which shows 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 evidence of record shows that the NPRC authorized the issuance of
the United Nations Service Medal to the applicant.  However, there is no
evidence of record that shows the applicant's DD Form 214 was amended to
add this award. Moreover, it appears the entry for the United Nations
Service Medal was inadvertently included in the NPRC letter, in lieu of the
Republic of Vietnam Campaign Medal with "1960" device, which the applicant
is actually entitled to and is recorded on his DD Form 214.  Therefore, the
applicant is not entitled to correction of his records to show award of the
United Nations Service Medal.

4.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 4
bronze service stars to be affixed to his Vietnam Service Medal.

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

6.  General Orders awarded the applicant's unit the Meritorious Unit
Commendation on two separate occasions for meritorious achievement in
Vietnam and the applicant was issued the Meritorious Unit Commendation
medal set with one oak leaf cluster.  However, there is no evidence of
record that the applicant's DD Form 214 was amended to show award of the
Meritorious Unit Commendation (1st Oak Leaf Cluster).  Moreover, it appears
the entry for the Meritorious Unit Commendation with 1 bronze oak leaf
cluster was inadvertently included on the DA Form 1577, dated 19 June 1987,
and the NPRC letter, dated 5 December 2005, based on a copy of orders
provided by the applicant that shows, in pertinent part, "Award of the
Meritorious Unit Commendation (First Oak
Leaf Cluster)."  However, the evidence of record fails to show that the
applicant was assigned to the 588th Engineer Battalion in Vietnam during
the period the unit was cited for the first award of the Meritorious Unit
Commendation. Consequently, the applicant is entitled to only one award of
the Meritorious Unit Commendation.  Therefore, it would be appropriate to
correct his records to show this unit award.

7.  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.

8.  Records show that the applicant served a total of 8 months in Vietnam.
Therefore, he is entitled to correction of his records to show award of 1
Overseas Service Bar.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 August 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
10 August 1974.  Although the request was not submitted within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
based on the fact that there is no statute of limitations on requests for
award of the Purple Heart.

10.  Evidence shows 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 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___ENA _  __RML__  __ROM__  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 further determined that, 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.

3.  The Board determined that administrative errors 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 to show award of the Vietnam Service Medal with 4 bronze service
stars, Valorous Unit Award, Meritorious Unit Commendation, Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and 1 Overseas Service
Bar.




                                         _Eric N. Andersen___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006983                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19710811                                |
|DISCHARGE AUTHORITY     |AR 635-200, Section VII, Paragraph 45b  |
|DISCHARGE REASON        |AWOL in Excess of 1 Year                |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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