RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          30 August 2005
      DOCKET NUMBER:  AR20040008864


      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. Richard P. Nelson             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 for a wound sustained
in Vietnam.

2.  The applicant states that he was shot through the helmet approximately
1 and 1/2 kilometers from Landing Zone Two Bits in the May/June, 1967
timeframe.  He was treated by the unit medic and not hospitalized.  He
further states that award of the Purple Heart medal itself is not
necessary; he simply desires orders so that he can receive a higher
priority for medical care at the Department of Veterans Affairs.

3.  The applicant provides a copy of a photograph he claims was taken at
the time.  The photograph shows a Soldier with a bandage on his head,
pointing to a hole in a helmet.  The applicant also states that he is
providing the original photograph and requests that it be returned.
However, the staff of the Board was unable to locate the original
photograph.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he was inducted on 10 May 1966 and
trained in Military Occupational Specialty 11B10 (Light Weapons
Infantryman).  He served in Germany, then in Vietnam where he was assigned
to C Troop, 1st Squadron, 9th Cavalry from 6 May 1967 to 1 May 1968.  The
applicant was honorably separated on 2 May 1968 in pay grade E-5.  On 7
October 1970, the applicant reenlisted and remained on active duty until 11
July 1977, when he was again honorably separated for hardship reasons in
pay grade E-6.  During this period the applicant served a subsequent tour
of duty in Vietnam, as well as Fort Myer, Virginia, and Alaska.

2.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
(Report of Separation from Active Duty) shows that he is entitled to the
following awards and decorations: the Bronze Star Medal; the Air Medal; the
Good Conduct Medal; the Vietnam Service Medal with one silver and one
bronze service star; the National Defense Service Medal; the Vietnam
Campaign Medal; the Combat Infantryman Badge; the Expert Marksmanship Badge
with Rifle Bar; the Republic of Vietnam Gallantry Cross Unit Citation with
Palm; and, four overseas service bars.  No other awards or decorations are
listed.

3.  There are no orders or certificates, showing the applicant was awarded
the Purple Heart.
4.  The applicant’s name is not listed on the Vietnam Casualty Roster.

5.  There are no entries in any of the applicant’s personnel records that
show he was wounded, or treated for wounds, as a result of hostile action.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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.

7.  U.S. Army Vietnam (USARV) 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 is assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit, to which the applicant
was assigned, was cited for award of the Valorous Unit Award for the period
1 to 31 October 1967 by Department of the Army General Orders Number 37,
dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was awarded the Purple Heart.
The photograph submitted by the applicant as evidence is noted.  However,
there is no other evidence to corroborate this photograph, and no evidence
that the applicant received medical treatment or that the medical treatment
was made a matter of official record.  In the absence of more conclusive
evidence, the applicant is not entitled to award of the Purple Heart or
correction of his records to show this decoration.

2.  General Orders show that the applicant is entitled to the Valorous Unit
Award. Therefore, he is entitled to correction of his records to show this
unit award.

3.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, 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

___pms__  ____lgh _  ____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 award of the Valorous Unit Award.




            __________Paul M. Smith_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008864                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050830                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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