RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 JUNE 2005
      DOCKET NUMBER:  AR20040007392


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Karen Fletcher                |     |Member               |
|     |Mr. Kenneth Wright                |     |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 that his records be corrected to reflect two
awards of the Purple Heart and a Bronze Star Medal.

2.  The applicant states he received the awards while serving in Vietnam
but there was no mention of the awards on his separation document.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 April 1971.  The application submitted in this case is
dated
5 September 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.  Records available to the Board indicate that the applicant entered
active duty on 24 May 1968.  He served two tours of duty in Vietnam.  His
initial tour was with the 3rd Battalion, 319th Artillery, between November
1968 and November 1969.  His second tour of duty occurred between June 1970
and April 1971 and was with the 6th Battalion 11th Artillery.

4.  During his second tour of duty, he was awarded a Bronze Star Medal for
meritorious service.  Orders issued by the 23rd Infantry Division confirmed
the award.

5.  There is no medical evidence which confirms that the applicant was
wounded as a result of hostile action during either of his tours of duty in
Vietnam.  Item 40 (wounds) on his Department of the Army Form 20 (Enlisted
Qualification Record) is blank and his name is not among a list of
individuals reported as combat casualties during the Vietnam War.  His
separation physical examination, completed in March 1971, makes no
reference to any combat wounds.  The applicant’s records contain a 1989
letter in which he inquired about his award of the Bronze Star Medal, but
he did not mention entitlement to any awards of the Purple Heart in that
correspondence.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.

7.  United States Army Vietnam Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours would be awarded the Purple Heart by the organization to
which the individual was assigned.  Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam would be awarded the Purple
Heart directly by the hospital commander rendering treatment.

8.  On 19 April 1971 the applicant was released from active duty.  His
separation document does not reflect entitlement to any awards of the
Purple Heart and his award of the Bronze Star Medal was omitted.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant would have been
credited with participating in five designated campaigns (Vietnam
Counteroffensive Phase VI, TET 69 Counteroffensive, Vietnam Summer-Fall
1969, Vietnam Winter-Spring 1970, and Sanctuary Counteroffensive) during
his two tours of duty in Vietnam.  A single silver service star on the
Vietnam Service Medal, which is recorded on his separation document, should
reflect his campaign participation.  The pamphlet also shows that both the
3rd Battalion, 319th Artillery and the 6th Battalion, 11th Artillery were
awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm
while he was assigned to those organizations and that the 319th Artillery
was also awarded the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation during his tenure with that organization.  The unit
awards were also omitted from his separation document.






DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, there is no medical evidence which confirms that the
applicant was wounded as a result of hostile action during either of his
tours of duty in Vietnam.  In the absence of such medical evidence, there
is no basis for an award of the Purple Heart.

2.  The evidence does, however, confirm that the applicant was awarded a
Bronze Star Medal.  His records should be corrected accordingly.

3.  The evidence also confirms that the applicant is entitled to a silver
service star on his Vietnam Service Medal to denote participation in five
designated campaigns while in Vietnam, as well as, two awards of the
Republic of Vietnam Gallantry Cross Unit Citation with Palm and a Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His
records should be corrected to reflect those decorations.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__WP___  ___KF  __  ___KW  _  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:

      a.  by showing that he was awarded the Bronze Star Medal; and


      b.  by showing that he is entitled to a silver service star on his
Vietnam Service Medal, two awards of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and a 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 two Purple Hearts.




                            ____   William Powers________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040007392                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050607                                |
|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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