RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           30 June 2005
      DOCKET NUMBER:  AR20040008145


      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:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughessy        |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 husband, a former
service member (FSM) be awarded the Purple Heart (PH).

2.  The applicant states, in effect, that she wants the record to show that
her husband did get the PH for injuries he received to his hand while
serving in the Republic of Vietnam (RVN) in 1968.  She claims that she has
the PH medal and the shrapnel taken from her husband’s hand to prove the
FSM received the PH.

3.  In support of the application, the applicant provides a photograph of a
display of the FSM’s awards.

CONSIDERATION OF EVIDENCE:

1.  The FSM’s record shows that he was inducted into the Army and entered
active duty on 6 October 1966.  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 sergeant (SGT).

2  The FSM’s Enlisted Qualification Record (DA Form 20) shows that he
served in the RVN from 4 October 1967 through 22 September 1968.  During
his RVN tour, he was assigned to Company B, 1st Battalion, 6th Infantry,
performing duties in MOS 11B as a team leader and squad leader.  Item 40
(Wounds) is blank and contains no entry indicating the FSM was ever
wounded/injured in action.  Item 41 (Awards and Decorations) does not
include the PH is the list of earned awards.  The FSM last audited the DA
Form 20 on 22 September 1968.

3.  The FSM’s Military Personnel Records Jacket (MPRJ) contains no orders,
or other documents that indicate he was ever wounded/injured in action, or
that he was recommended for or awarded the PH.  The MPRJ does contain
copies of the Report of Medical History (SF 89) and Report of Medical
Examination (SF 88) that were prepared to document the FSM’s medical
separation processing..  The SF 89 prepared by the FSM on 24 September 1968
contains no entries indicating the FSM sustained a combat related
wound/injury during his active duty tenure.  The SF 88 also contains no
notes from the examining physician that indicate the FSM was ever treated
for a combat related wound/injury.
4.  On 25 September 1968, the FSM was honorably separated after completing
1 year, 11 months and 20 days of active military service.  Item 24
(Decorations, Medals, Badges, Commendations, Citations, and Campaign
Ribbons Awarded or Authorized) shows that the FSM earned the following
awards during his active duty tenure:  National Defense Service Medal,
Vietnam Service Medal, Bronze Star Medal, RVN Campaign Medal, Combat
Infantryman Badge, Marksman Qualification Badge with Rifle Bar and 2
Overseas Bars.  The PH is not included in this list of authorized awards,
and the FSM authenticated this separation document with his signature in
Item 32 (Signature of Person Being Transferred or Discharged).

5.  The applicant provides a photograph of a display of what she claims are
the awards earned by the FSM.  The PH is included in this display.  She
also provides a copy of the FSMs death certificate, which confirms he died
on
14 December 2003.

6.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The
FSM’s name was not included in this official list of RVN battle casualties.


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 while serving in the RVN.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for unit
citation badges awarded during the Vietnam Conflict.  It confirms that
during his tenure of assignment in the RVN, the FSM’s unit (Company B, 1st
Battalion, 6th Infantry) earned the Valorous Unit Award and RVN Gallantry
Cross with Palm Unit Citation.  It also shows the FSM was credited with
participating in the Vietnam Counteroffensive Phase III, TET
Counteroffensive and Vietnam Counteroffensive Phase IV campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that the FSM earned the PH and the supporting
documents she submitted were carefully considered.  However, by 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.

2.  The evidence of record in this case contains no indication the FSM ever
received, or was treated for a combat related wound/injury.  Item 40 of the
FSM’s DA Form 20 is blank, and his name is not included on the Vietnam
Casualty Roster, the official DA list of RVN battle casualties.  The
absence of this information of record indicates the FSM was never
wounded/injured in action, or awarded the PH.

3.  Further, there is no indication in the FSM’s final medical separation
processing documents that he ever sustained, or was treated for a combat
related wound/injury.  In addition, the PH is not included in the list of
awards contained on the FSM’s DD Form 214, which he authenticated with his
signature. His signature on this document was, in effect, his verification
that the information it contained, to include the list of awards, was
correct at the time the DD Form 214 was prepared and issued.  As a result,
the regulatory burden of proof necessary to support award of the PH has not
been satisfied in this case.

4.  The evidence does show that based on his RVN service and campaign
participation, the FSM is entitled to the Valorous Unit Award, RVN
Gallantry Cross with Palm Unit Citation and 3 bronze service stars with his
Vietnam Service Medal.  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

___MMD_  __TEO__  ___YM __  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 the FSM’s entitlement to the Valorous Unit Award,
Republic of Vietnam Gallantry Cross with Palm Unit Citation and 3 bronze
service stars with his Vietnam Service Medal; and by providing the
applicant a corrected separation document that includes these awards.




            ___Melinda M. Darby_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008145                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/09/25                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY with Adm Note                      |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0061                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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