RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           27 January 2004
      DOCKET NUMBER:   AR2003090042



      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. Richard P. Nelson             |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Arthur A. Omartian            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show award of the Purple Heart,
the Vietnam Campaign Medal, and the Vietnam Service Medal with two bronze
service stars.

2.  The applicant states, in effect, that he injured his back “while
pulling up a machine gun (during enemy action) in a gun tower during Easter
Offensive.”  He further states that he was in two campaigns while in
Vietnam and that he just recently found out about his eligibility.

3.  The applicant provides a copy of his medical records with an entry,
dated 19 April 1972, that states “Injury to mid-thoracic back muscles while
lifting—pain on elevating arms.”  He also provides a copy of an article
from the VFW Magazine, dated 1997, outlining Americans’ actions during the
Vietnam Easter Offensive.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 26
July 1972.  The application submitted in this case is undated, but received
by the Board on 22 April 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.  The applicant’s military personnel records show that he was inducted
and entered active duty on 14 May 1971 and was discharged on 26 July 1972
under the provisions of Army Regulation 635-212 due to unfitness, drug
abuse.  The character of his service was under honorable conditions.  He
had 32 days lost time as a result of his hospitalization due to drug abuse.
 A line of duty investigation was conducted and the decision was line of
duty no – due to his own misconduct.  The Army Discharge Review Board
upgraded the applicant’s discharge to fully honorable under the provisions
of Giles v. Secretary of the Army.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214 shows that he is
entitled to the following decorations: the Vietnam Service Medal with one
bronze service star; the National Defense Service Medal; and, the Marksman
Qualification Badge with Rifle Bar.  No other awards or decorations are
listed.

5.  The applicant’s name is not listed on the Vietnam Casualty Roster.

6.  There are no entries in item 40 (Wounds) of the applicant’s DA Form 20
(Enlisted Qualification Record) that show he was wounded as a result of
hostile action.

7.  The applicant’s medical records appear to be quite complete and intact.
 There is no indication in the records that the applicant was wounded, or
treated for wounds, as a result of hostile action, during his service in
Vietnam.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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.

9.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours will be awarded the Purple Heart by the organization to
which the individual is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

10.  The applicant’s military personnel records show that he served in
Vietnam from 14 March 1972 to 3 July 1972.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to
all members of the Armed Forces of the United States for qualifying service
in Vietnam during the period 1 March 1961 through 28 March 1973.
Qualifying service included assignment in Vietnam for 6 months or more.
Qualifying service outside the geographical limits of the Republic of
Vietnam required the individual to provide direct combat support to the
Republic of Vietnam Armed Forces.  Individuals who had qualified for award
of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and
were evacuated prior to completing six months of service due to wounds
resulting from hostile action were entitled to award of the Vietnam
Campaign Medal.

12.  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.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Consolidation II and Vietnam Cease-Fire.

13.  Department of the Army General Order Number 8, dated 1974, awarded all
personnel assigned to the United States Army Vietnam from 8 February 1962
through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.

DISCUSSION AND CONCLUSIONS:

1.  There are no medical records that show the applicant was wounded, or
treated for wounds, as a result of hostile action.  There are no orders or
certificates, and the applicant has not provided copies of any orders or
certificates, that awarded him the Purple Heart.  Therefore, he is not
entitled to award of the Purple Heart or correction of his records to show
this award.

2.  The applicant’s records show that he served in Vietnam for 3 months,
19 days and was not evacuated prior to completing six months of service due
to wounds resulting from hostile action.  Therefore, he is not entitled to
award of the Vietnam Campaign Medal or correction of his records to show
this award.

3.  The applicant’s records show that he served in Vietnam during two
campaigns.  Therefore, is entitled to award of one additional bronze
service star, to be affixed to his Vietnam Service Medal, and correction of
his records to show this appurtenance.

4. General Orders show that the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

BOARD VOTE:

___aao__  ___le ___  ___ym __  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 showing that the
applicant was awarded:

      a. one additional bronze service star, for a total of two, to be
affixed to his Vietnam Service Medal; and,

      b. the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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:

      a. award of the Purple Heart; and,


      b. award of the Vietnam Campaign Medal.




            _________Arthur A. Omartian_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003090042                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20030127                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          | DENY                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |