RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 January 2006
      DOCKET NUMBER:  AR20050006911


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Terry L. Placek               |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |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, in effect, that he be awarded the Purple Heart
and that it be added to his DD Form 214, Armed Forces of the United States
Report of Transfer or Discharge.  The applicant also requests, in effect,
that the Silver Star or the Bronze Star Medal that he was told he was being
put in for be added to his DD Form 214.

2.  The applicant states, in effect, that while they were being shelled and
while he was going for cover, both his wrists were fractured.  He had to
have his wrists put in a cast.  He states that his lieutenant also told him
he was going to put him [the applicant] in for award of the Silver Star or
the Bronze Star Medal for his act of bravery for going in and pulling
wounded men from another company out.  He can't remember the date of the
action but another Soldier from his unit was killed on this date.  At the
time, he was very young and he thought military people were on the up and
up when he was told he was being put in for the medal.  He states that he
doesn't know how to prove it but he drove an APC (armored personnel
carrier) for 6 months.

3.  The applicant provides a copy of a Standard Form (SF) 513, Clinical
Record – Consultation Sheet, and a SF 600, Chronological Record of Medical
Care, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice or
error, which occurred on 27 February 1970, the date of his release from
active duty.  The application submitted in this case is dated 27 April
2005, but was received for processing on 10 May 2005.

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 limitation 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 record shows that he enlisted in the Regular Army, for
3 years, on 1 March 1967.  He completed his basic combat and his advanced
individual training at Fort Jackson, South Carolina.  After completing all
required training, he was awarded the military occupational specialty
(MOS), 11B (Light Weapons Infantryman).

4.  The applicant was assigned to and arrived in Vietnam on 10 August
1967.  He was assigned to the Company B, 1st Battalion, 5th Infantry,
25th Infantry Division.  On 5 March 1968, he was reassigned to Company C,
4th Battalion, 9th Infantry Regiment, in the same division.  On 7 April
1968, the applicant was reassigned to Company E, and later to
Headquarters and Headquarters Company, 65th Engineer Battalion, in the
same division.  On 12 August 1968, the applicant departed from Vietnam
for reassignment in the United States to complete his military service
obligation.

5.  The applicant was released from active duty on 27 February 1970 in the
rank and pay grade, Private First Class, E-3, on the expiration of his term
of service.  On his separation date, he had 3 years active military
service, with no lost time.

6.  The applicant's DD Form 214, in Block 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows
he was awarded:  the Good Conduct Medal; the National Defense Service
Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal;
the Combat Infantryman Badge; two overseas service bars; and the Expert
Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle).  The Purple
Heart, the Silver Star and the Bronze Star Medal are not shown among the
applicant's awards.

7.  The applicant’s request for award of the Silver Star and the Bronze
Star Medal are outside the statute of limitations on approval of award
recommendations for actions during the Vietnam War.  However, the
applicant’s request for these awards can be considered under the
provisions of Title 10, United States Code, Section 1130, which governs
consideration of awards not submitted within time limits established by
law.  The applicant must exhaust this remedy; therefore, these awards
will not be discussed further in these proceedings.

8.  The applicant's name does not appear on the Vietnam Casualty List.

9.  The SF 513, dated 6 May 1968, the applicant submitted in support of
his request states he fell on his right hand.  This form is void of a
comment attributing the injury
to involvement in action with the enemy.  The SF 600 has an entry dated 6
May 1968 which states the applicant fell and injured his left hand and
fractured and displaced his left navicular bone [a bone in his foot].
This form is also void of an entry to show that his injuries were caused
in action with the enemy.

10.  Item 40 (Brief Description of Wounds), of the applicant's DA Form
20, Enlisted Qualification Record, is blank.  The Purple Heart is not
shown in Item 41 (Awards and Decorations), of the applicant's DA Form 20.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

12.  While in Vietnam, the applicant participated in the following four
campaigns: the Vietnam Counteroffensive, Phase III, which extended from 1
June 1967 through 29 January 1968; the Tet Counteroffensive, which extended
from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase
IV, which extended from 2 April through 30 June 1968; and the Vietnam
Counteroffensive, Phase V, which extended from 1 July through 1 November
1968.

13.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and
Campaign Participation Credit Register, dated 29 January 1988, which
lists unit awards received by units serving in Vietnam, shows the 65th
Engineer Battalion (less Company D) was awarded the, Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period January 1966 to
August 1968, by Department of the Army (DAGO) Number 48, dated 1971, and
the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation, for the period 13 March 1`966 through 21 January 1970, by DAGO
51, dated 1971.  These unit awards are not shown on his DD Form 214.

14.  DA Pamphlet 672-3 also shows the 1st Battalion, 5th Infantry
Regiment, was awarded the, Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation, for the period January 1966 to August 1968, by DAGO
Number 48, dated 1971, and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, for the period 1 January 1966 through
21 January 1970, by DAGO 51, dated 1971 and amended by DAGO 9, dated
1979.  These unit awards are not shown on his DD Form 214.

15.  The applicant was awarded the Expert Marksmanship Qualification
Badge, with Automatic Rifle Bar [M-16 Rifle], in paragraph 2, Special
Orders 98, published by
Headquarters, 3rd Training Brigade, Fort Jackson, South Carolina, on 14
June 1967.

16.  The applicant was awarded the Expert Marksmanship Qualification
Badge, with Machinegun Bar [M-60 Machinegun], in paragraph 1, Special
Orders 102, published by Headquarters, 3rd Training Brigade, Fort
Jackson, on 22 June 1967.

17.  Army Regulation (AR) 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.

18.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

19.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least 30 consecutive days of the period cited.

20.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does show that the applicant did fall while he
was in Vietnam and he did fracture his left and right hands and displaced
and fractured the navicular bone in his left foot; however, the evidence
is inconclusive about the proximate cause of his injuries.

2.  Both the SF 513 and the SF 600 the applicant submitted, in support of
his request, are absent a statement by attending medical personnel that the
injury took place while the unit or the installation was under mortar or
rocket attack by the enemy.

3.  The applicant's name does not appear on the Vietnam Casualty List.
There is no indication in Item 40, of his enlisted qualification record,
that he was wounded in action.

4.  Based on the available evidence, there is insufficient evidence upon
which to base award of the Purple Heart to the applicant and to add it to
his DD Form 214.

5.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal.  It does not show the four bronze service stars to which the
applicant is entitled for his campaign participation.  He is entitled to
award of four bronze service stars to be affixed to his Vietnam Service
Medal, and to have them shown on his DD Form 214.

6.  The applicant served in units at the time they were awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citations (two
awards), and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation (two awards), at the time the applicant was assigned
to these units.  He is therefore entitled to these unit awards and to have
them added to his DD Form 214.

7.  In addition to the already shown Sharpshooter Marksmanship
Qualification Badge, with Rifle Bar, the applicant was awarded the Expert
Marksmanship Qualification Badge, with Machinegun Bar; and the Expert
Marksmanship Qualification Badge, with Automatic Rifle Bar.  These badges
are not shown on his DD Form 214 and it would be appropriate to add them at
this time.

8.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 27 February 1970; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 26 February 1973. However, the applicant did not
file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the
interest of justice to excuse failure to timely file in this case.

9.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore, the Case
Management Support Division (CMSD), St. Louis, Missouri, will accomplish
administrative correction of the applicant's records as outlined by the
Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_tlp_____  __Bpi____  __JGH__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 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 to show by:

      a.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citations (two awards), and the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation (two awards), and adding
these unit awards to his DD Form 214;

      b.  awarding the applicant four bronze service stars to be affixed to
his already-awarded Vietnam Service Medal to denote his participation in
four campaigns while he served in Vietnam; and

      c.  adding the already-awarded Expert Marksmanship Qualification
Badge, with Machinegun and with Automatic Rifle Bars, to the applicant's
DD Form 214.




                                  _____Terry L. Placek______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050006911                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060131                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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