RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 February 2005
      DOCKET NUMBER:  AR20040000474


      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. Joseph A. Adriance            |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that his separation document (DD Form
214) should be updated to reflect award of the PH.

3.  The applicant provides a Western Union Telegram and United States Army
Vietnam (USARV) Casualty Report Message in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 28 August 1968.  The application submitted in this case
was received on 7 May 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 records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of the applicant’s DD Form 214 and the documents he submitted with
his application.

4.  The applicant’s DD Form 214 confirms he was inducted into the Army and
entered active duty on 9 September 1966.  He completed 11 months and
19 days of overseas service and earned the National Defense Service Medal,
Vietnam Service Medal, Vietnam Campaign Medal, Sharpshooter Qualification
Badge with Rifle Bar and 1 Overseas Bar.

5.  The applicant’s separation document also shows that he was honorably
released from active duty on 28 August 1968, after completing a total of 1
year, 11 months and 20 days of active military service.  At the time of his
separation, he held the rank of specialist four.

6.  The applicant provides a copy of a USARV Casualty Report Message, dated
4 December 1967.  This document shows that on 4 December 1967, while
serving as a private first class (PFC) in the Republic of Vietnam (RVN),
the applicant received fragmentation wounds to the right side of his face
as a result of hostile action.  It also confirms that he was treated for
these wounds at a military medical facility.

7.  The applicant also provides a Western Union Telegram, dated 4 December
1967.  This document notified his mother that he had been slightly wounded
in action on 4 December 1967, while serving in the RVN.

8.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
search revealed that the applicant’s name was included on this official
list of RVN battle casualties.  The entry pertaining to the applicant
confirms he was wounded in action in the RVN on 4 December 1967.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that the PH is awarded to any member who has been wounded or killed
in action. A wound is defined as an injury to any part of the body from an
outside force or agent sustained under conditions defined by this
regulation.  In order to support awarding a member the PH, it is necessary
to establish that the wound, for which the award is being made, required
treatment by a medical officer.  This treatment must be supported by
records of medical treatment for the wound or injury received in action,
and must have been made a matter of official record.

10.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was carefully considered
and found to have merit.  By regulation, in order to award the PH it is
necessary to establish that a soldier was wounded as a result of enemy
action, that the wound required treatment by a medical officer, and that
the record of medical treatment was made a matter of official record.
2.  The evidence of record includes an official USARV Casualty Report,
Western Union Telegram and DA RVN Casualty Roster.  These documents confirm
the applicant was wounded in action on 4 December 1967, while serving as a
PFC in the RVN.  They also verify that he was treated for his wounds at a
military medical facility and that this treatment was made a matter of
official record.  As a result, it is concluded that the regulatory burden
of proof necessary to support award of the PH has been satisfied in this
case.  Therefore, it would be appropriate to award the applicant the PH and
to add it to his record at this time.

3.  In addition, based on his RVN service, the applicant is entitled to the
RVN Gallantry Cross with Palm Unit Citation and it would also be
appropriate to add this award to his record at this time.

BOARD VOTE:

___MKP_  ___SAP__  ___SLP_  GRANT 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 awarding him the Purple Heart; by
showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm
Unit Citation; and by providing him a corrected separation document that
includes these awards.




            ____Margaret K. Patterson____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040000474                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/08/28                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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