RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20040009486


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |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 correction of his records to show award of the
Purple Heart (PH), Vietnam Gallantry Cross Unit Citation with Palm, and the
Vietnam Civil Actions Honor Medal, First Class.

2.  The applicant states, in effect, that on or about 29 March 1968, he
suffered shrapnel wounds while engaged in combat action.  He believes the
authorization for award of the PH was either lost or overlooked and never
submitted.

3.  The applicant provides in support of his request:

      a.  A Memorandum, dated 16 April 2004, in which he provides his
recollection of the details surrounding the incident in which he was
wounded.  He states, in effect, that he was wounded on or about 24 March
1968, while assigned to the 4th Infantry Division and attached to the 101st
Airborne Infantry Division.  At the time of the incident, he was serving as
the team leader of a combat tracker team that had visually tracked members
of the North Vietnamese Army (NVA) most of the day.  Contact was made with
the NVA, a fight ensued and he was hit by shrapnel in the left shoulder,
upper arm and forearm.  Initially, he was treated by medical personnel on
location and the medical treatment record was never forwarded to his unit
at the 4th Infantry Division.  Later a doctor at the 101st General Hospital
removed some of the shrapnel.  All of the shrapnel was not located and
removed and a second removal was done by doctors at the 4th Infantry
Division.  The available medical records document the second time that
shrapnel was removed which was two weeks after he was wounded.  It was
during this time period that his company commander, a captain, advised him
that he would receive the PH as a result of this wound.

      b.  DD Form 214 (Armed Forces of the United States Report of Transfer
or Discharge) issued on 3 August 1968.

      c.  Two pages from Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register).

      d.  A Standard Form 600 (Chronological Record of Medical Care) which
shows that on 9 April 1968, the applicant complained of experiencing pain
being caused by a piece of shrapnel in his forearm.  On 10 April 1968, he
complained of pain and swelling in his right forearm caused by a shrapnel
wound that he received 2 weeks earlier.  Debris was removed from the wound,
it was sutured and closed and the applicant received "BC X 3 days" (most
likely 3 days worth of antibiotics for the wound).  On 19 June 1968, he
complained of experiencing back pain for the past few days.  He was
diagnosed to have a urinary tract infection and treated with gantrisin.

      e.  A Radiographic Report, dated 9 April 1968, which indicates the
applicant received a fragment wound to the forearm.

      f.  General Orders Number 2236, Headquarters, 4th Infantry Division
which shows he was awarded the Army Commendation Medal (ARCOM) for
meritorious service in conjunction with his duties while assigned to the
64th Infantry Platoon (Combat Tracker) for the period from August 1967 to
August 1968.

      g.  A copy of a letter he submitted to his congressional
representative requesting assistance in obtaining the above awards.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the Board review the applicant's entire service
record, including the medical documents that were provided which verifies
the applicant was wounded by shrapnel while in Vietnam.  The event occurred
while he was attached as a tracker with the 101st Airborne Infantry
Division, near Camp Evans, on or about 24 March 1968.  Counsel requests
that where reasonable doubt exist with respect to the applicant's petition
that any and all doubt be resolved in his favor and that the benefits
sought be granted.

2.  Counsel states that the applicant has requested several different
combat ribbons and medals that are related to his Vietnam service.  The
information he has provided will support he is authorized award of the PH,
Vietnam Gallantry Cross Unit Citation with Palm, and the Vietnam Civil
Actions Honor Medal, First Class.  Additionally, counsel restates the
applicant’s recollection of the details surrounding the incident in which
he was wounded.

3.  Counsel provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
3 August 1968.  The application submitted in this case is dated 18 April
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 show the applicant served in the Regular Army (RA) from 25
October 1965 to 3 August 1968 until he was honorably released from active
duty at the Army Separation Point, Fort Lewis, Washington and transferred
to the United States Army Reserve Control Group, St. Louis, Missouri.  He
served in Vietnam from 5 August 1967 to 4 August 1968.  He served as a
security guard with the Security Guard Company, Support Transportation from
14 August 1967 to
15 January 1968 until he was assigned as a scout observer with the 64th
Infantry Platoon (Combat Tracker), 4th Infantry Division.  He served with
this unit until he left Vietnam.

4.  The applicant's DD Form 214, Item 24 (Decorations, Medals, Badges,
Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded
the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign
Medal, two Overseas Bars, Combat Infantryman Badge, ARCOM, and the
Sharpshooter Marksmanship Qualification Badge (M-14 Rifle).

5.  The applicant's name does not appear on the Vietnam Casualty List, a
compilation of all casualties during the Vietnam War.

6.  The applicant provided General Orders Number 2236 showing award of the
ARCOM.  This appears to be the ARCOM that is shown on his DD Form 214.

7.  On 6 May 2002, the Case Management Support Division (CMSD), St. Louis,
Missouri, administratively corrected the applicant's service number.

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  It provides that the:

      a.  PH 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.
This regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

      b.  ARCOM may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement or meritorious service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.

      c.  A bronze service star is authorized based on qualifying service
for each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  The applicant is authorized award of two bronze service stars to be
worn on the VSM.

9.  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 Vietnam Gallantry Cross with Palm
Unit Citation for the period 15 March 1967 to 28 July 1969 by Department of
the Army General Order (DAGO) Number 3, dated 1970.  It also shows that the
unit was awarded the Republic of Vietnam Civil Actions Honor Medal for the
period 15 March 1967 to 31 October 1969 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the PH, the applicant would have to show that he was
wounded and that:  (1) the wound was the result of hostile action; (2) the
wound required medical treatment; and (3) the medical treatment was made a
matter of official record.

2.  The documents the applicant provided shows that he was treated for a
shrapnel wound while assigned to Vietnam.  However, the applicant's name
does not appear on the Vietnam Casualty List as ever having been wounded as
a result of hostile action.

3.  The medical information provided by the applicant is a chronological
record of medical care.  The documents do not indicate he was actually
wounded as a result of hostile action.

4.  An ARCOM already appears on the applicant's DD Form 214 and no basis
has been established for an additional award.

5.  The applicant is authorized award of two bronze service stars, the
Vietnam Gallantry Cross Unit Citation with Palm and the Vietnam Civil
Actions Honor Medal.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jea___  __bpi___  __mjf___  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 by showing award of two
bronze service stars, the Vietnam Gallantry Cross Unit Citation with Palm
and the Vietnam Civil Actions Honor Medal.

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 the PH and the ARCOM.



                                  James E. Anderholm
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009486                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050922                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0094                                |
|3.                      |107.0095                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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