RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        FEBRUARY 8, 2005
      DOCKET NUMBER:  AR20040000340


      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                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Ms. Susan A. Powers               |     |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.

2.  The applicant states, in effect, that on 30 December 1969 a medic
removed glass from wounds he received in the arm and leg in the field.  The
medic was very busy with other Soldiers who were wounded and he forgot
about the applicant.  In 2002, the applicant found the records of medical
treatment he received for these wounds.

3.  The applicant provides a copy of a Standard Form (SF) 600,
Chronological Record of Medical Care; a DA Form, 3349, Medical Condition –
Physical Profile Record, dated 2 January 1968; a handwritten summary of the
events surrounding his being wounded in Vietnam, and a letter addressed to
him from the company executive officer, dated 4 February 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 17 January 1969.  The application submitted in this case is
dated 16 April 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 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 record shows that he was inducted into the
Army of the United States on 19 January 1967.  He completed his basic
combat training at Fort Bliss, Texas, and his advanced individual training
at Fort Polk, Louisiana. After completing all required training, he was
awarded the military occupational specialty (MOS), 11B (Light Weapons
Infantryman).

4.  The applicant was assigned to Vietnam and he arrived there on 11 July
1967.  He was assigned to Company D, 4th Battalion, 9th Infantry Regiment,
25th Infantry Division.  The applicant served in Vietnam until 20 February
1968 when he was assigned to the Medical Holding Detachment, 7th Field
Hospital, Japan,
in a patient status.  On 18 March 1968, after completion of his treatment
and his release from the hospital, the applicant was assigned to Company B,
2nd Battalion, 32d Infantry Regiment, 7th Infantry Division, in Korea, to
complete the remainder of his overseas service obligation.  On 25 September
1968, the applicant was returned to the United States and was assigned at
Fort Knox, Kentucky, to complete his service obligation.

5.  The applicant was released from active duty on 17 January 1969, under
the provisions of Army Regulation (AR) 635-200, at the expiration of his
term of service, in the rank and pay grade of Sergeant, E-5, with 1 year,
11 months, and 29 days active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded the National Defense Service Medal;, the Vietnam Service Medal; the
Republic of Vietnam Campaign Medal; the Combat Infantryman Badge; the
Expert Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle); and
the Sharpshooter Marksmanship Qualification Badge, with Automatic Rifle Bar
(M-16 Rifle).  The Purple Heart is not shown among his awards.

7.  The applicant provided several medically related records in support of
his request for award of the Purple Heart.  The SF 600 shows that on 30
December 1967, the applicant, "while going through the woods hit booby trap
and lost glasses."  On the same day, at the 12th Evacuation Hospital Eye
Clinic, he complained that his eyes were bothering him and he felt that he
might have possible powder burns.

8.  On 2 January 1968, the applicant was provided a temporary physical
profile precluding his assignment outside the base camp, his assignment to
bunker duty or to any night duty requiring good vision.  Item 6 (Individual
has the defect(s) listed below), of the DA Form 3349, shows that the
applicant had very poor vision (20/200 in the right eye and 20/400 in the
left eye).  An entry in this item of the Physical Profile Record states
that his glasses were destroyed by the booby trap.

9.  Review of available medical documents failed to reveal that the
applicant was wounded in the arm or in the leg or that he was treated for
wounds when he detonated the booby trap.

10.  The applicant's name does not appear on the Vietnam Casualty List.
11.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing he was
awarded the Purple Heart.  Item 40 (Brief Description of Wounds), of the
applicant's DA Form 20, is blank.

12.  In his personal account of the events of that day, the applicant
stated that he had tripped the booby trap while walking point for his unit.
 After a short firefight, and after helping two fellow Soldiers who were
wounded, his wounds seemed like nothing.  The medic took glass out of his
left arm and his right ankle and dressed it with what he had.  A few days
later, whatever was in the bottle [assumedly what he was treated with in
the field], made him break out with a rash all over his body.  The
applicant was medically evacuated to the 7th Field Hospital in Japan for
treatment.

13.  In his personal account of the events of the day, the applicant
provided the names of two Soldiers whom he states were wounded in the
detonation of the booby trap.  Records on file in the Casualty Information
System, maintained by the U.S. National Archives and Records Administration
were reviewed to validate his statement.  The staff sergeant he named was
wounded on 20 December 1967.  The private he named was wounded on 2 January
1968.  Neither of these Soldiers' wounds were booby trap related.

14.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
that the applicant consistently received "excellent" conduct and efficiency
ratings.  There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

15.  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 campaign participation.

16.  While in Vietnam, the applicant participated in the following two
campaigns:  the Vietnam Counteroffensive, Phase III, which extended from 1
June 1967 through 29 January 1968; and the Tet Counteroffensive, which
extended from 30 January through 1 April 1968.

17.  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.

18.  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.

19.  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 that the unit the applicant was assigned to,
Company D, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division,
was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, for the period April 1966 through August 1968, by Department of
the Army General Orders (DAGO) Number 48, dated 1971; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the
period 30 April 1966 through 21 January 1970, by DAGO Number 51, dated
1971.

20.  DA Pamphlet 672-3, also shows that the 7th Infantry Division, the
division to which the applicant was assigned in Korea, was awarded the
Republic of Korea Presidential Unit Citation, for the period 17 September
1950 through 27 March 1971, by DAGO 50, dated 1971.

21.  AR 672-5-1, in effect at the time of the applicant's separation,
provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  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.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

22.  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.  Individuals may not wear
more than one Republic of Vietnam Gallantry Cross Unit Citation and one
Republic of Vietnam Civil Actions Honor Medal Unit Citation; this precludes
wear of the Vietnamese fourrageres, which represent additional unit awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant caused a booby trap to detonate while going through the
woods.  In this incident, the applicant lost his glasses.  The applicant
was treated for another medical complaint in the field.  He was sent to the
12th Evacuation Hospital to have his glasses replaced.  At the eye clinic,
the applicant complained about what he felt were possible powder burns to
his eyes.  The applicant was given a temporary physical profile due to his
very poor vision and was restricted from assignments that required good
vision.

2.  A comprehensive review of medical records the applicant submitted in
support of his request for award of the Purple Heart failed to support his
allegation that he was hit in the arm and in the leg by flying glass and
that a medic in the field treated him.

3.  Based on the available evidence, the applicant is therefore not
eligible for award of the Purple Heart and to have it added to his DD Form
214.

4.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  There is no record that he was subjected to court-martial
while he served on active duty.  There is no entry in Item 42 (Remarks), of
the applicant's DA Form 20, to indicate that he was disqualified from award
of the Good Conduct Medal.  The applicant was not awarded the Good Conduct
Medal, it appears, more as a result of an administrative oversight rather
than something that he did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 19
January 1967 through 17 January 1969.

5.  The applicant participated in two campaigns during his tour of duty in
Vietnam.  He is therefore entitled to award of two bronze service stars to
be affixed to his already-awarded Vietnam Service Medal and to have them
shown on his separation document.
6.  The applicant served in a unit, Company D, 4th Battalion, 9th Infantry
Regiment, 25th Infantry Division, which was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, and the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation.  He is therefore
entitled to these unit awards and to have them added to his separation
document.

7. The applicant served in a unit, Company B, 2nd Battalion, 32d Infantry
Regiment, in Korea, organic to the 7th Infantry Division, at a time it was
awarded the Republic of Korea Presidential Unit Citation.  He is therefore
entitled to this unit award and to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

mkp_____  sap_____  slp_____  GRANT PARTIAL 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.  awarding the applicant the Good Conduct Medal for the period
19 January 1967 through 17 January 1969 and adding this award to the
applicant's DD Form 214;

      b.  awarding the applicant two bronze service stars to be affixed to
his Vietnam Service Medal, to denote his participation in two campaigns
while he served in Vietnam, and to be shown on his DD Form 214 as the
Vietnam Service Medal, with two bronze service stars; and


      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation;, the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation; and the Republic of Korea Presidential
Unit Citation; and adding these unit awards to his DD Form 214.


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
award of the Purple Heart to the applicant for wounds he alleges to have
sustained on 30 December 1967.




                            ____Margaret K. Patterson___
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040000340                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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