RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            23 June 2005
      DOCKET NUMBER:   AR20040007785


      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:

|     |Mr. Robert L. Duecaster           |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, that her deceased father, a former
service member (FSM), be awarded the Purple Heart (PH).

2.  The applicant states, in effect, that the FSM was wounded in action in
September 1971.

3.  The applicant provides the following documents in support of the
application:  FSM’s Death Certificate, Department of Veterans Affairs (VA)
Medical Center Information Sheet and Enlisted Qualification Record (DA Form
20) Extracts.

CONSIDERATION OF EVIDENCE:

1.  The FSM’s record shows he enlisted in the Army and entered active duty
on 11 June 1970.  He was trained in, awarded and served in military
occupational specialty (MOS) 11B (Infantryman), and the highest rank he
attained while serving on active duty was specialist four (SP4).

2.  The FSM’s DA Form 20 shows that he served in the Republic of Vietnam
(RVN) from 4 November 1970 through 6 September 1971.  During his RVN tour,
he was assigned to Company B, 1st Battalion, 501st Infantry performing
duties in MOS 11B as a rifleman.  Item 38 (Record of Assignments) shows
that the applicant entered a patient status and was assigned to the 85th
Evacuation Hospital on 6 September 1971, and was ultimately assigned to the
Medical Holding Company, Valley Forge General Hospital, Pennsylvania on
25 September 1971.

3.  Item 40 (Wounds) of the FSM’s DA Form 20 is blank and contains no entry
indicating he was wounded in action.  Item 41 (Awards and Decorations)
shows that during his active duty tenure, he earned the National Defense
Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge
(CIB),
Air Medal (AM), RVN Campaign Medal, Bronze Star Medal (BSM), Sharpshooter
Qualification Badge with Rifle Bar, Expert Qualification Badge with Machine
Gun Bar and 2 Overseas Bars.  The PH is not included in this list of earned
awards.  The FSM last audited this record on 9 November 1971.

4.  The FSM’s Military Personnel Records Jacket (MPRJ) is void of any
medical treatment or other documents showing that he ever received, or was
treated, for a wound/injury that he received as a direct result of, or that
was caused by enemy action.  The MPRJ also contains no orders or other
documents that indicate he was ever recommended for, or awarded the PH.
There are also no documents indicating the reason for his hospitalization
on file in the MPRJ.

5.  On 12 January 1972, the FSM was honorably separated after completing
1 year, 7 months and 2 days of active military service.  The separation
document (DD Form 214) he was issued shows that he earned the following
awards during his active duty tenure:  NDSM, VSM, RVN Campaign Medal with
60 Device, CIB, AM, BSM, Sharpshooter Qualification Badge with Rifle Bar
and Expert Qualification Badge with Machine Gun Bar and 2 Overseas Bars.
The PH is not included in this list of authorized awards.  The FSM
authenticated this document with his signature in Item 32 (Signature of
Person Being Transferred or Discharged).

6.  In connection with the processing of this case, a member of the Board
staff served the unit historical file maintained at the National Archives.
This search failed to produce orders awarding the FSM the PH.  A member of
the Board staff also reviewed the Department of the Army (DA) Vietnam
Casualty Roster.  The FSM’s name was not included on this list.

7.  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.

8.  Paragraph 2-13 of the awards regulation contains guidance on award of
the Vietnam Service Medal.  It states, in pertinent part, that a bronze
service star is authorized with this award for each campaign a member is
credited with participating in while serving in the RVN.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the FSM’s unit (1st Battalion, 501th Infantry)
earned the RVN Gallantry Cross with Palm Unit Citation, and the FSM was
credited with participating in the Vietnam Counteroffensive Phase VII and
Consolidation I campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that the FSM was wounded in action in September
1971 was carefully considered.  However, in order to support award of the
PH, there must be evidence that a member received a wound/injury as a
direct result of, or that was caused by hostile action, that the member was
treated for a combat related wound/injury by military medical personnel and
a record of this medical treatment must have been made a matter of official
record.

2.  In this case, while it is clear the FSM was hospitalized in September
1971, there is no evidence of record that indicates this hospitalization
was caused by the receipt of a combat related wound/injury.  The FSM’s
record is void of any medical treatment records indicating the FSM ever
received a wound/injury as a direct result of, or that was caused by enemy
action.

3.  The FSM also audited his DA Form 20 on 9 November 1971.  This served as
his verification that the information in the record, to include Item 40 and
Item 41 entries, was correct on the date of the audit.  He also
authenticated his
DD Form 214 with his signature on the date of his separation.  This was his
confirmation that the information contained on the separation document, to
include the list of awards, was correct at the time the DD Form 214 was
prepared and issued.

4.  Finally, there are no orders or documents on file at the National
Archives that indicate the FSM was ever wounded in action, or awarded the
PH; and his name is not included on the Vietnam Casualty Roster, the
official DA list of RVN battle casualties.  As a result, the regulatory
burden of proof necessary to support award of the PH has not been satisfied
in this case.

5.  The record confirms the FSM is entitled to the RVN Gallantry Cross with
Palm Unit Citation and 2 bronze service stars with his VSM.  The omission
of these awards from his record is an administrative matter that does not
require Board action.  The Case Management Support Division (CMSD), St.
Louis, Missouri will be requested to make the necessary administrative
corrections as outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RLD_  ___TAP__  ___MJF _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show his entitlement to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and 2 bronze service stars with his Vietnam
Service Medal; and by providing the applicant a correction to the
separation document that includes these changes.




            ___Robert L. Duecaster___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007785                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1972/01/12                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |SecAuth                                 |
|BOARD DECISION          |DENY w Adm Note                         |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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