RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         24 FEBRUARY 2005
      DOCKET NUMBER:  AR20040002168


      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:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. Jonathon Rost                 |     |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 and the Bronze Star
Medal.

2.  The applicant states that he received a fragmentation wound to his
right upper leg and left arm/shoulder while pulling a wounded Soldier to
safety.  The shrapnel is still embedded.  He received both awards at Cu
Chi.

3.  The applicant provides a copy of this 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 2 January 1968.  The application submitted in this case
is dated      23 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 requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence authorizing award
of this decoration.  In the absence of a proper award authority for this
decoration, the applicant may request award of the Bronze Star Medal Star
under the provisions of Section 1130 of Title 10, United States Code.  The
applicant has been notified by separate correspondence of the procedures
for applying for this decoration under Section 1130 and, as a result, it
will not be discussed further in the Record of Proceedings.

4.  The applicant was inducted into the Army on 5 January 1966, completed
training as an infantryman, and in June 1966 was assigned to the
         25th Administration Company in Vietnam as a postal clerk.

5.  He completed his tour of duty in Vietnam and returned to the United
States where he was assigned to Fort Lawton, Washington.  He was released
from active duty in the grade of E-4 on 2 January 1968.  His DD Form 214
does not show award of the Purple Heart.

6.  The applicant participated in three campaigns during his tour in
Vietnam, and the 25th Administration Company was awarded the Meritorious
Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation
with Palm, and the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation for its actions while the applicant was assigned to
that unit.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
his conduct and efficiency during his military assignments were excellent.
That form, however, does not show award of the Purple Heart or that he was
wounded in action.

8.  The applicant’s medical records show that he was treated for a
headache, low back pain, and a boil under his left arm while in Vietnam.
His 14 November 1967 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 makes no mention of any wounds sustained by the
applicant.  In the report of medical history that he furnished for the
examination the applicant indicated that he had childhood mumps and
rheumatic fever in 1962.  He stated that his health was good.

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

10.  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.

11.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any to show
that he was wounded in action.  He is not entitled to award of the Purple
Heart.
2.  The applicant’s records indicated that he served his country faithfully
and honorably.  He is entitled to award of the Army Good Conduct Medal.

3.  The applicant is entitled to award of the Meritorious Unit
Commendation, 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:

________  ________  ________  GRANT FULL RELIEF

___YM __  ___RW__  ___JR __  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, the Meritorious Unit Commendation, the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

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.




                            ____Yolanda Maldonado_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002168                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050224                                |
|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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