RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2006
      DOCKET NUMBER:  AR20060007801


      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. 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 award of the Purple Heart for wounds he received
in Vietnam in April 1968.

2.  The applicant states he was wounded in Vietnam in April 1968, but he
never received his Purple Heart.

3.  The applicant provides his Chronological Record of Medical Care
(Standard Form 600).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 August 1986.  The application submitted in this case is
dated 16 May 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.  After having had prior service in the U.S. Army Reserve, the applicant
enlisted in the Regular Army on 20 March 1967.   He completed basic combat
training at Fort Bragg, North Carolina and was reassigned to Fort Leonard
Wood, Missouri for advanced individual training (AIT).  At the completion
of AIT, he was awarded military occupational specialty 12B (Combat
Engineer).

4.  The applicant was assigned to Company C, 14th Engineer Battalion
(Combat) in Vietnam on 31 March 1968 as a combat construction specialist.

5.  There are no orders in the applicant's personnel records which show he
was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification
Record) 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.

6.  The applicant’s Chronological Record of Medical Care shows he received
treatment for a wound on 29 April 1968 with follow-up treatments on 30
April 1968 and 1 May 1968.  These documents do not indicate the applicant
was wounded as a result of hostile action.
7.  The applicant departed Vietnam on 6 December 1968 and was credited with
participation in four campaigns.

8.  The applicant was discharged from active duty on 8 October 1969 for the
purpose of immediate reenlistment.  He reenlisted on 9 October 1969 and
continued to serve on active duty until he was released from active duty
for the purpose of retirement on 31 August 1986.

9.  His DD Form 214 for the period ending 31 August 1986 shows the Army
Service Ribbon, the Overseas Service Ribbon, the National Defense Service
Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Humanitarian Service Medal, the U.S. Army Recruiter Badge with Gold Star,
the Drill Sergeant Identification Badge, and the Army Good Conduct Medal
(Sixth Award).

10.  Army Regulation 600-8-22 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.

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

2.  Although the applicant’s Chronological Record of Medical Care shows he
received treatment for a wound, it cannot be determined whether he was
wounded or injured as a result of hostile action in Vietnam.  Therefore,
there is insufficient evidence on which to base award of the Purple Heart
in this case.

3.  The applicant received credit for participation in four campaigns
during the Vietnam War.  Therefore, his DD Form 214 for the period ending
31 August 1986 should be administratively corrected to show four bronze
service stars for wear on his Vietnam Service Medal.

4.  Evidence shows that the applicant’s records contain an 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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 August 1989.  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

________  ________  ________  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 an administrative error 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 the Vietnam Service Medal with four bronze
service stars.




                                  Curtis Greenway_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060007801                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061114                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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