RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 MAY 2005
      DOCKET NUMBER:  AR20040004929


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Leonard Hassell               |     |Member               |
|     |Ms. Laverne Berry                 |     |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.

2.  The applicant states he was wounded in a grenade attack and is
receiving a 40 percent disability rating [from the Department of Veterans
Affairs].

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 March 1971.  The application submitted in this case is
dated      21 July 2004.

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 was inducted into the Army on 17 March 1969, trained as a
medical aidman at Fort Sam Houston, Texas, where he was awarded an expert
qualification badge with the hand grenade bar and the sharpshooter
qualification badge with the rifle bar.  In September 1969 he was assigned
to the               326th Medical Battalion of the 101st Airborne Division
in Vietnam.  He was promoted to pay grade E-4 on 16 November 1969.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
on       3 March 1970 he was a patient in the USAH (United States Army
Hospital) at Camp Zama, Japan.  That form shows he received multiple
fragment wounds to his back.  He participated in two campaigns during his
tour of duty in Vietnam and the 326th Medical Battalion was awarded the
Republic of Vietnam Gallantry Cross Unit Citation with Palm and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to that organization.

5.  On 20 March 1970 the applicant was evacuated to Valley Forge General
Hospital in Phoenixville, Pennsylvania.
6.  On 27 March 1970 the 101st Airborne Division published orders awarding
the applicant the Army Commendation Medal for meritorious achievement for
the period 1 October 1969 to 28 February 1970.

7.  On 4 January 1971 the applicant underwent a separation physical
examination.  The report of that examination indicates that the applicant
had healed shrapnel wounds to his back and legs and that he was medically
qualified for separation.

8.  The applicant was released from active duty on 16 March 1971.  His
      DD Form 214 shows award of the National Defense Service Medal, the
Vietnam Campaign Medal with 60 device, and the Good Conduct Medal.  It
shows award of the Vietnam Service Medal, but does not indicate the number
of campaigns that he participated in.

9.  Army Regulation 600-8-22 provides 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.

10.  The applicant is not listed as a casualty on the Vietnam casualty
roster maintained by this agency.

DISCUSSION AND CONCLUSIONS:

1.  Although there is no medical evidence to show that the applicant’s
wounds were the result of hostile action, records do show that he was
evacuated to Japan and thence to the United States because of his wounds,
and medical  records do show that he sustained shrapnel wounds to his back
and legs.  Notwithstanding the fact that he is not listed as a casualty on
the Vietnam casualty roster, the entry in his enlisted qualification record
does indicate that he was wounded as a result of hostile action.

2.  The preponderance of evidence shows that he was wounded in action in
Vietnam.  Consequently, the applicant is entitled to award of the Purple
Heart.

3.  The applicant was awarded the Expert Marksmanship Qualification Badge
with hand grenade bar and the Sharpshooter Marksmanship Qualification Badge
with rifle bar.  Those awards should be reflected on his DD Form 214.

4.  The applicant was awarded the Army Commendation Medal.  That award
should be shown on his DD Form 214.

5.  The applicant participated in two campaigns in Vietnam.  He is entitled
to award of the Vietnam Service Medal with two bronze service stars (one
for each campaign).

6.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.

BOARD VOTE:

__JA____  __LH ___  ___LB___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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 by showing award of the Purple Heart,
Expert Marksmanship Qualification Badge with hand grenade bar, Sharpshooter
Marksmanship Qualification Badge with rifle bar, Army Commendation Medal,
Vietnam Service Medal with two bronze service stars, Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.




                            ____James Anderholm_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004929                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050505                                |
|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.                      |                                        |


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