RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            06 APRIL 2004
      DOCKET NUMBER:   AR2003096706


      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. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Lana E. McGlynn               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 his self-authored statement, that the
Department of Veterans Affairs has recently awarded him “a zero percent
rating for gunshot wound” as a result of an examination and X-rays
conducted in 2003.

3.  He states that while in Vietnam he was involved in an early morning
enemy attack “with small arms fire, mortars, and small artillery.”  He
notes that he remembers being hit in the top front of his right foot with
shrapnel that penetrated his leather boot.  He states that he removed his
boot and removed the shards of shrapnel, however, he never sought medical
treatment.  At the time he was not aware that he “had also been hit by
shrapnel in other parts of [his] body.”

4.  Since his return from Vietnam, and over the past 30 years, he has
experienced lower back pain and is “convinced that the pain is being cause
by the shrapnel retained in the soft tissue of the right sacral area.”

5.  In addition to his self-authored statement, he also submits a copy of
his 2003 Department of Veterans Affairs rating decision and medical
evaluation.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant be awarded the Purple Heart.

2.  Counsel states that the applicant’s “submission, in conjunction with
the official army records, amply advance this former member’s contentions,
the absent active medical records notwithstanding, and substantially
reflect the probative facts needed for equitable review.”

3.  Counsel provides nothing beyond that already provided by the applicant.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on 18
March 1971.  The application submitted in this case is dated 18 August
2003.

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.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 14 August 1969.  Following completion of
training he was assigned to the 23rd Medical Battalion in Vietnam as a
mechanic.  He remained in Vietnam until March 1971 when he returned to the
United States and was released from active duty with an honorable
characterization of service in pay grade E-4.

4.  There were no service medical records available to the Board and the
applicant’s name was not among a list of individuals reported as combat
casualties during the Vietnam War.  Item 40 (wounds) on his Department of
Defense Form 20 (Enlisted Qualification Record) is blank.

5.  Department of Veterans Affairs records, from 2003, indicate that the
applicant’s “claims file contains an entry on October 29, 1970, that the
veteran sustained a pulled back.”  It also states that the applicant
related to Department of Veterans Affairs officials that he was “unaware
that he was wounded in the right sacrum” at the time he “was hit by
shrapnel in his right foot.”  He stated that regarding his shrapnel wound
to his right leg that “he was not seen for treatment, he just brushed it
off and apparently it healed without problems.”

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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.

7.  While in Vietnam, the applicant was awarded three awards of the Army
Commendation Medal, two for meritorious achievement and one for meritorious
service.  Orders issued by the 23rd Infantry (Americal) Division confirmed
the awards.  His separation document, however, reflects award of only two
Army Commendation Medals.

8.  While in Vietnam the applicant would have participated in three
designated campaign periods (Vietnam Winter-Spring 1970, Sanctuary
Counteroffensive, and Vietnam Counteroffensive Phase VII).  Three bronze
service stars on the Vietnam Service Medal, which is recorded on his
separation document, should reflect his campaign participation.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
awarded two Meritorious Unit Commendations and a Republic of Vietnam
Gallantry Cross Unit Citation with Palm, while he was a member of the
organization.  The unit awards were also omitted from his separation
document.

10.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.  His conduct and efficiency ratings
throughout his military service were excellent and his records contain no
evidence of any disciplinary actions or incidents of misconduct.

DISCUSSION AND CONCLUSIONS:

1.  Although the Department of Veterans Affairs may have rendered a service
connection determination for a gunshot wound, there are no extant medical
records which confirm that the applicant was in fact wounded as a result of
hostile action.  Additionally, the applicant himself admits that he never
received treatment for his alleged wounds, one of the primary requirements
for entitlement to the Purple Heart.  In the absence of more conclusive
evidence, there is no basis for an award of the Purple Heart.

2.  The evidence does, however, indicate that the applicant was awarded
three awards of the Army Commendation Medal, and that he is entitled to
three bronze service stars on his Vietnam Service Medal, two Meritorious
Unit Commendations, and the Republic of Vietnam Gallantry Cross Unit
Citation with Palm, all of which were omitted from his separation document.

3.  The evidence also shows that the applicant completed a qualifying
period of service for award of the Army Good Conduct Medal on 18 March
1971.  There is no evidence his commander ever disqualified him from
receiving the award and no evidence of any misconduct which would justify
denying him the award.  In view of the foregoing, the Board concludes that
the applicant met the basic qualifications for award of the Army Good
Conduct Medal and it would be appropriate and in the interest of equity to
award him that decoration for the period 14 August 1969 through 18 March
1971.

BOARD VOTE:

__SK ___  __LEM __  __RLD __  GRANT 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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  showing that he was awarded three awards of the Army Commendation
Medal;


      b.  showing that he is entitled to three bronze service stars on his
Vietnam Service Medal, two Meritorious Unit Commendations, and the Republic
of Vietnam Gallantry Cross with Palm; and


      c.  awarding him the Army Good Conduct Medal for the period 14 August
1969 through 18 March 1971.

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
the Purple Heart.





            _____Stanley Kelley________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003096706                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040406                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |