RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 FEBRUARY 2004
      DOCKET NUMBER:  AR20040001830


      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. Hubert Fry                    |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. Peter Fisher                  |     |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 for a shell fragment
wound to his left buttock.

2.  The applicant states that he was wounded in combat and awarded a
service connected disability on 23 July 1969.  No documentation was
provided to the Army to show award of the Purple Heart.

3.  The applicant provides a copy of a Department of Veterans Affairs (VA)
rating decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 July 1969.  The application submitted in this case is
dated           6 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 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 enlisted in the Army for three years on 13 December 1966
and was assigned to Fort Dix, New Jersey, for basic combat training.  On 8
February 1967 the applicant received nonjudicial punishment under Article
15, Uniform Code of Military Justice, for being absent from a scheduled
formation.

4.  In July 1967 the applicant was assigned to Fort Eustis, Virginia for
training as a marine engineer.  He qualified as a marksman with the rifle,
completed his training, and in October 1967 was assigned to the 519th
Engineer Detachment in Vietnam.  Extending his tour of duty in Vietnam, the
applicant did not return to the United States until July 1969, whereupon he
was released from active duty at Oakland, California on 22 July 1969 in the
rank of specialist five, pay grade E-5.  He participated in seven campaigns
during his tour of duty in Vietnam, and the 519th Transportation Detachment
was awarded the Meritorious Unit Commendation and the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for its actions while the applicant
was assigned to that unit.
5.  The applicant’s 22 July 1969 report of medical examination shows that
he was medically qualified for separation with a physical profile serial of
1 1 1 1 1 1.  That report made no mention that the applicant had been
wounded in action.  In the report of medical history that the applicant
completed for that examination, he indicated that he was in good health.
He made no mention on that report that he had been wounded in action,
hospitalized, or treated for a wound.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
his conduct and efficiency in all his military assignments were excellent.
That form, however, does not show award of the Purple Heart nor does it
show that he was wounded in action.

7.  On 9 June 1976 the applicant enlisted in the Army Reserve for one year.
 The 24 January 1975 report of medical examination shows that he was
medically qualified for enlistment.  In the report of medical history that
he furnished for that examination, the applicant stated, “occasional ___
after Vietnam wound.”  He also stated that he fractured his left ankle and
right arm in Vietnam in 1968.

8.  On 18 February 2004 the VA awarded the applicant a zero percent service
connected disability rating for residuals of shell fragment wound to his
left buttock, incurred in combat in Vietnam.

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 Vietnam Casualty Roster maintained at this agency does not show
that the applicant was wounded in action.

11.  The Army 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.

12.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the Vietnam Service Medal.  A silver star is worn instead of five bronze
service stars.

DISCUSSION AND CONCLUSIONS:

1.  When released from active duty in 1969, the applicant made no mention
on his report of medical history that he had been treated for a wound, or
in fact that he was wounded in action.  His medical records at that time
failed to show that he was wounded in action.  His enlisted qualification
record does not contain an entry showing that he was wounded.  The
applicant is not listed on the Vietnam Casualty Roster as being wounded in
action.

2.  Notwithstanding the information contained in the 2004 VA rating
decision, and the information that he entered on his 1976 report of medical
history, there is no medical evidence to show that the applicant was
wounded in action or treated for such a wound.  Consequently, he is not
entitled to award of the Purple Heart.

3.  The applicant had one relatively minor incident early in his military
service which resulted in nonjudicial punishment.  Thereafter, he went to
Vietnam, served there for almost 21 months, and attained the rank of
specialist five.  He served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.

4.  The applicant qualified as a marksman with the rifle.  His record
should show award of the Marksman Marksmanship Qualification Badge with
rifle bar.

5.  The applicant participated in seven campaigns in Vietnam.  He is
entitled to award of the Vietnam Service Medal with one silver service star
and two bronze service stars.

6.  The applicant is entitled to award of the Meritorious Unit Commendation
and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___HF __  ___MT __  ___PF __  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 award of the Army Good
Conduct Medal, Marksman Marksmanship Qualification Badge with rifle bar,
Vietnam Service Medal with one silver service star and two bronze service
stars, Meritorious Unit Commendation, and 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
award of the Purple Heart.




                            _______Hubert Fry_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001830                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050223                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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