RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 AUGUST 2006
      DOCKET NUMBER:  AR20040011441


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Ms. Marla Troup                   |     |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 and any other awards
to which he is entitled.

2.  The applicant states that he was hit by a bullet in Vietnam sometime
between May and July 1971 and flown to Quang Tri for treatment.  He was
vomiting and they needed to ensure he had not been injured internally.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 October 1971.  The application submitted in this case
is dated      8 December 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 enlisted in the Army for 2 years on 24 March 1970,
trained as an artilleryman at Fort Sill, Oklahoma where he was awarded the
Marksman Marksmanship Qualification Badge with rifle bar.  In September
1970 he was assigned to Service Battery, 5th Battalion, 4th Artillery, 1st
Infantry Brigade of the 5th Infantry Division in Vietnam.  He completed his
tour of duty in Vietnam and in July 1970 returned to the United States.
The applicant participated in two campaigns during his tour of duty in
Vietnam, and the 5th Battalion, 4th Artillery was awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm for its actions while he
was assigned to that organization.

4.  The applicant was assigned to Fort Sill and was released from active
duty at Fort Sill on 22 October 1971.  His DD Form 214 does not show award
of the Purple Heart.  The applicant’s DA Form 20 (Enlisted Qualification
Record) does not show that he was wounded in action.  The applicant’s DD
Form 214 shows award of the Vietnam Service Medal, but in so doing does not
credit him with the number of campaigns in which he participated.

5.  The applicant’s Official Military Personnel File (OMPF) contains no
evidence to show that he was wounded in action.  The applicant is not
listed as a casualty on the Vietnam casualty roster maintained by this
agency.

6.  Army Regulation 600-8-22 provides that the Purple Heart 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.

7.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the Vietnam Service Medal.  A bronze service star denotes participation in
one campaign.  A silver star is worn instead of five bronze service stars.


DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not provided any to show
that he was wounded as a result of hostile action.  Consequently, he is not
entitled to award of the Purple Heart.

2.  The applicant is entitled to award of the Marksman Marksmanship
Qualification Badge with rifle bar and the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.

3.  The applicant participated in two campaigns in Vietnam.  He is entitled
to award of the Vietnam Service Medal with two bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__KN ___  ___WP__  ___MT __  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 award of the Marksman
Marksmanship Qualification Badge with rifle bar, Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and the Vietnam Service Medal with
two bronze service stars.

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.




                            ____ Kathleen Newman____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011441                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050823                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]