RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20040009995


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |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.

2.  The applicant states that he was wounded in Ashau Valley, Vietnam.  He
continues that he was medevaced to Phu Bai and spent 2 days receiving
treatment for a shrapnel wound to his right knee and should have been
awarded the Purple Heart.

3.  The applicant further states that he gave 1 year of his life in wartime
service to his country and feels he is entitled to the award.

4.  The applicant provides a letter from the National Personnel Records
Center in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   13 March 1970.  The application submitted in this case is
dated 22 July 2004.  However, the application was received on 16 November
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 was inducted into the Army of the United States on
25 March 1968.  He completed training and awarded the military occupational
specialty (MOS) 16F10 (Light Weapons Crewman).

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he
served in Vietnam from 21 March 1969 through 17 March 1970.  He was
assigned to the 1st Battalion, 65th Artillery, and performed duties in MOS
16F20 (Machine Gunner).




4.  Item 38 of the applicant’s DA Form 20 shows that he received
“Excellent” conduct and efficiency ratings at all of his active duty
assignments.  His military personnel records are void of any derogatory
information or a unit disqualification that would have prevented him from
receiving the Army Good Conduct Medal.

5.  There are no General Orders in the available records which show that
the applicant was awarded the Purple Heart.  There is also no evidence in
his records that shows he wounded or treated for wounds as a result of
hostile action.

6.  Item 40 (Wounds) of the DA Form 20 contains no entry, which would
indicate that he was not wounded or injured in action while serving in
Vietnam.  There are no medical records contained in the applicant’s
military personnel file.

7.  Item 48 (Date of Audit) confirms that the applicant reviewed his DA
Form
20 on 14 April 1969, and verified that the information contained therein
was correct at that time.

8.  The applicant’s DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) shows in Item 24 (Decorations, Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the
following awards earned by the applicant during his tenure on active duty:
National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Vietnam
Campaign Medal (VCM); Expert Marksmanship Qualification Badge
(M-14 & M-16), and 2 Overseas Service Bars.  The Purple Heart is not
included in the list of earned awards.

9.  On 13 March 1970, the applicant was honorably released from active duty
at the expiration of his term of service.  The DD Form 214 issued to him on
this date confirms that he held the rank and pay grade of specialist/E-4
and that he had completed a total of 1 year, 11 months, and 19 days of
active military service.

10.  The applicant authenticated his DD Form 214 with his signature in
Item 32 (Signature of Person Being Separated), thereby verifying that the
information contained was correct at the time the document was prepared and
issued.

11.  The applicant’s name is not listed on the Department of the Army
Vietnam Casualty Roster.




12.  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 Purple Heart.  It states, in
pertinent part, that in order to award a Purple Heart,  there must be
evidence that the wound for which the award is being made was received as a
result of enemy action, the wound must have required medical treatment and
the medical treatment must have been made a matter of official record.

13.  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 for each Vietnam campaign a member is credited
with participating in while serving in the Vietnam.

14.  Table 2-1 of the awards regulation contains a list of authorized
campaigns and it shows that during his assignment tenure, the applicant was
credited with participating in the Tet Counteroffensive, the Summer-Fall
Campaign, and the Winter-Spring Campaign.

15.  Chapter 4 of the awards regulation prescribes the policy for award of
the
Army Good Conduct Medal.  It states, in pertinent part, that 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.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.

16.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit.  This document confirms that the applicant’s unit,
the
1st Battalion, 65th Artillery, earned award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 8, dated in 1974.

DISCUSSION AND CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to the
Purple Heart.  However, there is insufficient evidence in the available
records to support his claim.  By regulation, in order to award the Purple
Heart it is necessary to establish that a Soldier was wounded in action,
that the wound required treatment by a medical officer, and that the record
of medical treatment must have been made a matter of official record.

2.  The evidence of record provides no confirmation and the applicant has
provided no evidence that the he was wounded in action or that he was ever
treated for a wound or injury received in action.

3.  There are no orders available which awarded the applicant the Purple
Heart.  The applicant's separation records do not show that he was wounded
or treated for wounds as a result of hostile action during his service in
Vietnam.  In the absence of such evidence, there is insufficient basis for
award of the Purple Heart in this case.

4.  Records show the applicant received “Excellent” conduct and efficiency
ratings at all of his active duty assignments.  His military personnel
records contain no derogatory information or a unit disqualification.
Therefore, he is entitled to correction of his records to show award of the
Army Good Conduct Medal.

5.  The record confirms that based on the applicant’s Vietnam service and
campaign participation, he is entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

6.  Based on the applicant’s record and campaign participation, he is
entitled to three bronze service stars to be worn on his Vietnam Service
Medal.  Therefore, it would be appropriate to correct his records to
reflect these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___DJ __  __JNS  __  __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 awarding him the first
award of the Army Good Conduct Medal, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and three bronze service stars to be worn on
his Vietnam Service 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 Purple Heart.








                                   _____John N. Slone  _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009995                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050811                                |
|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.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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