RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            24 JUNE 2004
      DOCKET NUMBER:   AR2003099782


      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. James Hise                    |     |Chairperson          |
|     |Mr. Stanley Kelley                |     |Member               |
|     |Mr. Hubert Fry                    |     |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 effect, that in August or September 1968 he
sustained shrapnel wounds to his chest from incoming mortar fire.  He
states that he was evacuated but subsequently returned to duty with the
same unit.  He states he never received the Purple Heart and would like the
award to put closure to the pain of Vietnam.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 December 1968.  The application submitted in this case
is dated
4 December 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 entered
active duty on 22 December 1964 and was discharged for the purpose of
immediate reenlistment on 22 December 1965.

4.  He served an initial tour of duty in Vietnam between 15 March 1966 and
14 March 1967.  During this tour of duty, he was assigned to the 1st
Battalion, 5th Artillery.  Item 40 (wounds) on his Department of the Army
Form 20 (Enlisted Qualification Record) contains a typed entry indicating
that the applicant sustained a fragment wound to his right upper chest on
28 October 1966.  There is no indication he was ever awarded the Purple
Heart.  His name is not among of list of individuals reported as combat
casualties during the Vietnam War.

5.  The applicant served a second tour of duty in Vietnam between January
1968 and December 1968.  During this tour of duty he was assigned to a
variety of units, including the 243rd Aviation Company, the 189th Aviation
Company and the 52nd Security Detachment.

6.  Medical treatment documents, contained in records available to the
Board, indicate that the applicant was treated for pains in his chest in
January, February, and August 1968 which was attributed to his prior
shrapnel wounds.  One document does note that removal of the fragments may
not relieve the applicant of his chest pain and may not have been the
source of the pain.

7.  The applicant's 7 December 1968 separation physical examination also
notes a scar on the applicant's chest from the shrapnel wound.

8.  On 7 December 1968 the applicant was released from active duty.  His
separation document reflect entitlement to the National Defense Service
Medal, the Vietnam Service Medal, Republic of Vietnam Campaign Medal, and
qualification as a marksman with the M-14 rifle.

9.  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.

10.  A review of Department of the Army Pamphlet 672-3 notes that the
applicant would have participated in six designated campaign periods
(Vietnam Counteroffensive, Vietnam Counteroffensive Phases II, IV, V, and
VI, and TET Counteroffensive) during his two tours of duty in Vietnam.  His
campaign participation should be reflected by one silver service star
(denoting participation in five campaigns) and one bronze service star on
his Vietnam Service Medal.  The pamphlet also indicates that based on his
service with the various units of assignment during his tours of duty in
Vietnam, he is also entitled to a Meritorious Unit Commendation and
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
(5th Artillery), and three awards of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm (5th Artillery, 243rd Aviation Company, and
189th Aviation Company).

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s name may not be reflected among the list of
individuals reported as combat casualties during the Vietnam War, based on
the typed wound entry on his Department of the Army Form 20, the subsequent
medical treatment document which mention the shrapnel wound, and the fact
that the wound was also recorded on his separation document, there is
sufficient evidence to conclude that the applicant was wounded in action
and as such should be awarded the Purple Heart.

2.  The evidence also confirms that the applicant is entitled to one silver
service star and one bronze service star on his Vietnam Service Medal, a
Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor
Medal and three awards of the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.
BOARD VOTE:

___JH___  ___SK __  ___HF __  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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:

      a.  by awarding him the Purple Heart; and


      b.  by showing that he is entitled to one silver service star and one
bronze service star on his Vietnam Service Medal, a Meritorious Unit
Commendation, the Republic of Vietnam Civil Actions Honor Medal and three
awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.





            _____James Hise________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003099782                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040624                                |
|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.                      |                                        |