RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 MAY 2005
      DOCKET NUMBER:  AR20040007513


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Leonard Hassell               |     |Member               |
|     |Ms. Laverne Berry                 |     |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 Air Medal.

2.  The applicant states that he was wounded in Vietnam resulting in his
air evacuation to Japan for treatment.  He has been receiving service
connected disability for his wounds since his discharge, but never received
the award of the Purple Heart.  He also made 47 air assaults, but never
received award of the Air Medal.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 April 1969.  The application submitted in this case is
dated         16 July 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
Air Medal.  There are no orders or other evidence authorizing award of the
Air Medal.  In the absence of a proper award authority for this decoration,
the applicant may request award of the Air Medal 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 1 May 1967, trained as an
infantryman, and in September 1967 was assigned to Company B, 4th
Battalion,  3d Infantry, in Vietnam.  His records show that he was awarded
the Expert Marksmanship Qualification Badge with rifle and grenade launcher
bars and the Sharpshooter Marksmanship Qualification Badge with machinegun
bar.  On         3 February 1968 he was awarded the Combat Infantryman
Badge.
5.  The applicant’s DA Form 20 (Enlisted Qualification Record) indicates
that he sustained a gunshot wound to his back on 29 July 1968.  That record
also shows that his conduct and efficiency ratings were excellent during
his military service.

6.  On 4 August 1968 the applicant was medically evacuated to the Medical
Holding Detachment, USAH (United States Army Hospital) at Camp Zama, Japan.
 He participated in four campaigns during his tour of duty in Vietnam.  The
4th Battalion, 3d Infantry was awarded the Republic of Vietnam Gallantry
Cross Unit Citation with Palm for its actions during his assignment to that
organization.  On 19 September 1968 he was assigned to Fort Riley, Kansas.

7.  On 2 April 1969 the applicant underwent a separation physical
examination.  The report of that examination indicates that he was
medically qualified for separation with a physical profile serial of 1 1 T3
2 1 1, that he had a high frequency hearing lost of his left ear, and that
he had an operation to remove cartilage from his left knee in August 1968.

8.  The applicant was released from active duty on 30 April 1969 in the
grade of E-4.  His DD Form 214 shows award of the National Defense Service
Medal, Vietnam Campaign Medal, Combat Infantryman Badge, and the
Sharpshooter Marksmanship Qualification Badge with rifle bar.  It does not
show that he was awarded the Expert Marksmanship Qualification Badge with
rifle bar, nor does it show award of his other marksmanship qualification
badges.  It shows award of the Vietnam Service Medal but does not reflect
the number of campaigns in which he participated.  That form does not show
award of the Purple Heart.  The applicant’s records contain no orders
indicating award of the Purple Heart.

8.  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.

9.  The applicant is not listed as a casualty on the Vietnam casualty
roster maintained by this agency.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence regarding award of the Purple Heart is inconclusive.
There are no orders showing that award.  The applicant’s name is not listed
on the Vietnam casualty roster.  Nonetheless, an entry was made on his
record indicating that he sustained a gunshot wound to his back on 29 July
1968, and he was medically evacuated to a hospital in Japan in early August
of that year.  His medical record contains an entry showing an operation to
remove cartilage from his left leg.  The preponderance of the evidence
indicates that the applicant was wounded in action, despite the conflicting
entries concerning the location of his wound.

2.  Consequently, the applicant is entitled to award of the Purple Heart.

3.  The applicant serviced his country honorably and faithfully.  He is
entitled to award of the Army Good Conduct Medal.

4.  The applicant participated in four campaigns during his tour in
Vietnam.  He is entitled to award of the Vietnam Service Medal with four
bronze service stars (one for each campaign).  He is also entitled to award
of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

5.  The applicant was awarded the Expert Marksmanship Qualification Badge
with rifle and grenade launcher bars and the Sharpshooter Marksmanship
Qualification Badge with machinegun bar.  Those awards should be reflected
in his record.

BOARD VOTE:

__JA____  ___LH __  ___LB___  GRANT FULL 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 award of the Purple Heart, the Army
Good Conduct Medal, the Vietnam Service Medal with four bronze service
stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the
Expert Marksmanship Qualification Badge with rifle and grenade launcher
bars, and the Sharpshooter Marksmanship Qualification Badge with machinegun
bar.





                            ____James Anderholm______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007513                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050505                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]