RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 April 2007
      DOCKET NUMBER:  AR20060014837


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. John G. Heck                  |     |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, campaign medals, and
“Expert Medals M-16 - 60 - 70 - 79.”

2.  The applicant states the above awards are not on his DD Form 214
(Report of Separation from Active Duty).

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 June 1971.  The application submitted in this case is dated
12 October 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 enlisted in the Regular Army on 3 January 1968.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty (MOS) 11B (Light Weapons
Infantryman).  He was later reclassified into several other MOSs.  He
completed basic airborne training.

4.  Item 29 (Qualification in Arms) of the applicant’s DA Form 20 (Enlisted
Qualification Record) shows he qualified as a sharpshooter with the M-14
rifle on 14 February 1968.

5.  The applicant was honorably discharged on 2 September 1968 for the
purpose of immediately reenlisting on 3 September 1968.  His DD Form 214
for the period ending 2 September 1968 shows he was awarded the Parachutist
Badge and the National Defense Service Medal.

6.  Headquarters, U. S. Army Ordnance Center and School Special Orders
Number 52, dated 7 March 1969, awarded the applicant the Expert
Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  The applicant arrived in Vietnam and was assigned to Company C, 34th
Engineer Battalion (Construction) on 14 April 1969.  He departed on 26
March 1970 after being credited with participation in three campaigns.

8.  There are no orders for the Purple Heart in the applicant’s records.
Item      41 (Awards and Decorations) of his DA Form 20 does not show he
was awarded the Purple Heart.  Item 40 (Wounds) does not show he was
wounded in action.  His name is not on the Vietnam Casualty Roster.  His
service medical records are not available.

9.  The applicant was discharged on 11 June 1971 with an undesirable
discharge (later upgraded to fully honorable).  His DD Form 214 (both the
original and as reissued) for the period ending 11 June 1971 shows he was
awarded the National Defense Service Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal with Device 1960, and the Parachutist
Badge.

10.  Army Regulation 600-8-22 (Military Awards) states 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.

11.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation.  This regulation states authorized bronze service stars will be
worn on the appropriate campaign or service medal including the Vietnam
Service Medal.

12.  Army Regulation 600-8-22 sets forth requirements for award of basic
marksmanship qualification badges.  The qualification badge is awarded to
indicate the degree in which an individual has qualified in a prescribed
record course, and an appropriate bar is furnished to denote each weapon
with which the individual has qualified.  The qualification badges are in
three classes:  Expert, Sharpshooter, and Marksman.

13.  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 34th Engineer Battalion, it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 2 December 1969 through 9 February 1970 by
Department of the Army General Orders Number 11, dated 1973.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant provides none to show
he was wounded in action.  Therefore, there is insufficient evidence on
which to base award of the Purple Heart.

2.  The applicant requested that his DD Form 214 be amended to show award
of “Expert Medals M-16 - 60 - 70 – 79.”  His DA Form 20 shows he was
qualified for award of the Sharpshooter Marksmanship Qualification Badge
with Rifle Bar for the M-14.  He was also awarded the Expert Marksmanship
Qualification Badge with Rifle Bar for the M-16.  His DD Form 214 should be
amended to show this badge.

3.  There is no evidence of record and the applicant provides none to show
he qualified with any other weapons or was awarded any other marksmanship
qualification badges.

4.  The applicant met the eligibility criteria to wear three bronze service
stars on his already-awarded Vietnam Service Medal.

5.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.  The Republic of Vietnam Gallantry Cross with Palm Unit
Citation was later awarded to all units that served in Vietnam.  These unit
awards should be added to his DD Form 214.

6.  There is no evidence of record to show the applicant is eligible for
any other service medals.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 June 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         10 June 1974.  Although the applicant did not file
within the 3-year statute of limitations, it would be 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

__jns___  __dkh___  __jgh___  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by amending his DD Form 214 for the period ending 11
June 1971 to add the Expert Marksmanship Qualification Badge with Rifle Bar
(M-16), the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
and to show he is eligible to wear three bronze service stars on his
already-awarded 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.




                            __John N. Slone_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014837                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070419                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0015                                |
|2.                      |110.04                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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