RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           11 August 2005
      DOCKET NUMBER:  AR20040011304


      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. 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, in effect, reconsideration of award of the
Purple Heart (PH) and Expert Qualification Badge with Rifle Bar.

2.  The applicant states, in effect, that he received a fragment wound to
his right hand as a result of a rocket or mortar hit on 3 September 1968.

3.  The applicant provides a Chronological Record of Medical Care (SF 600)
and separation document (DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2001055874, on 18 October 2001.  During its review, the Board found the
applicant’s record contained no evidence, and that the applicant failed to
provide evidence to show he was ever wounded/injured in action, or that he
was entitled to the PH.  As a result, it denied his request for the PH.

2.  The applicant’s record shows he initially enlisted in the Regular Army
and entered active duty on 25 July 1967.  On 29 October 1970, he was
honorably discharged for the purpose of immediate reenlistment.  The DD
Form 214 he was issued for this period of active duty service shows he
earned the National Defense Service Medal (NDSM), Vietnam Service Medal
(VSM), RVN Campaign Medal and Sharpshooter Qualification Badge with Rifle
Bar.  The applicant authenticated this document with his signature in Item
32 (Signature of Person Being Transferred or Discharged).  On 30 October
1969, he reenlisted for six years.

3.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 21 December 1967 through 13
December 1968, and that he was assigned to Headquarters and Headquarters
Detachment (HHD), 13th Combat Aviation Battalion, performing duties as a
supply clerk.  Item 40 (Wounds) is blank and contains no entry indicating
he ever received a wound/injury as a direct result of, or that was caused
by enemy action.  Item 41 (Awards and Decorations) does not include the PH
in the list of authorized awards.  Item 48 (Date of Audit) shows he last
audited this record on 20 June 1972.
4.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
orders, or other documents indicating the applicant was recommended for, or
awarded the PH.  It is also void of any medical treatment records that
indicate he was treated for a combat related wound/injury.  The MPRJ does
include a copy of Headquarters, 1st Infantry Division Special Orders 101,
dated 15 April 1970.  These orders awarded him the Expert Qualification
Badge with Rifle Bar based on his qualifying score with the M-14 rifle.

5.  On 12 December 1972, the applicant was separated for the good of the
service and received a general, under honorable conditions discharge.  The
DD Form 214 he was issued shows he completed a total of 5 years, 2 months
and 11 days of creditable active military service, and accrued 37 days of
time lost due to being absent without leave (AWOL).  The separation
document also shows he earned the Army Good Conduct Medal and Army
Commendation Medal during this period of active duty service.  The PH is
not included in the list of authorized awards.  The applicant authenticated
the DD Form 214 with his signature in Item 32 (Signature of Person Being
Transferred or Discharged).

6.  The applicant provides a copy of an SF 600 that contains an entry
indicating that on 3 September 1968, he was treated because he had metal in
a finger of his right hand.  This entry contains no information regarding
the circumstances surrounding how the injury was incurred.

7.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The
applicant’s name was not found on this list of RVN battle casualties.

8.  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 award of the PH.  It states, in pertinent
part, that in order to award a PH 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.

9.  Paragraph 2-13 of the awards regulation contains guidance on award of
the VSM and 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.  A silver service star is used
in lieu of five bronze service stars to denote participation in five
campaigns.

10.  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 applicant’s unit (HHD, 13th
Aviation Battalion) earned the RVN Gallantry Cross with Palm Unit Citation.
 It also shows he was credited with participating in the Vietnam
Counteroffensive Phase III,
TET Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V and Vietnam Counteroffensive Phase VI campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH and the supporting
treatment record he provided were carefully considered.  However, by
regulation, in order to award the PH it is necessary to establish that a
Soldier was wounded as a result of enemy action, that the wound required
treatment by a medical officer, and that the record of medical treatment
was made a matter of official record.

2.  The medical treatment record provided by the applicant indicates he was
treated for a piece of metal in a finger of his right hand, but it contains
no information indicating this injury was received as a direct result of,
or that it was caused by enemy action.  The record provides no evidence
that he was ever wounded in action, or awarded the PH, as evidenced by the
absence of an entry in Item 40, and by the PH not being included in the
list of authorized awards in Item 41 of his DA Form 20.  He audited this
record on 20 June 1972, in effect, verifying the information it contained,
to include the Item 40 and Item 41 entries, were correct at that time.

3.  The PH is also not included in the list of awards contained on either
of the DD Forms 214 the applicant was issued.  He authenticated these
documents with his signature, in effect, confirming the information they
contained, to include the list of awards, was correct at the time the
documents were 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.  Thus, there is an insufficient evidentiary basis to call into
question the original Board findings on this case.

4.  The evidence of record does show that based on his service and campaign
participation in the RVN, the applicant is entitled to the RVN Gallantry
Cross with Palm Unit Citation and 1 silver service star with his VSM.
Further, he was awarded the Expert Qualification Badge with Rifle Bar.  The
omission of these awards is an administrative matter that does not require
Board action to correct.  Therefore, the Case Management Support Division
(CMSD), St. Louis, Missouri, will correct his record 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

___JNS__  ____DJ__  ___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 to amend the decision of
the ABCMR set forth in Docket Number AR2001055874, on 18 October 2001.

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, Expert Qualification Badge with Rifle Bar (M-
14) and 1 silver service star with his Vietnam Service Medal; and by
providing him a corrected separation document that includes these awards.




            ____John N. Slone______
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040011304                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/11                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1972/12/12                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Good of the Svc                         |
|BOARD DECISION          |DENY with Adm Note                      |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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