RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 November 2005
      DOCKET NUMBER:  AR20040011515


      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. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carman Duncan                 |     |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 that his discharge be upgraded to honorable.  He
also requests, in effect, that he be awarded the Purple Heart and that it
be shown on his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states, in effect, that physical and emotional problems
from Vietnam led to alcohol and drug addiction.  When he got into trouble
in Florida he received inadequate legal counsel.  He reports that his
family is still together after 33 years.  He is currently having medical
problems from his Vietnam wounds.  He notes that, although his medical
records verify his wounds, the Purple Heart does not show on his record.

3.  The applicant provides copies of a July 2004 x-ray report showing
multiple metallic objects about his right shoulder blade, service medical
records showing multiple fragment wounds to back and left foot from
"unknown type enemy explosions during attack" on 1 April 1970.  He also
submits several employment and character reference statements to support
the implied argument that his post-service behavior and conduct warrant the
requested relief.

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted on 13 August 1968.  He enlisted for 3 years
on 18 August 1968, completed training and was awarded military occupational
specialty (MOS) 76S20 as an automotive repair parts specialist.  He then
completed basic airborne training and was awarded the Parachutist Badge.

2.  He served briefly in Alaska and then was transferred to Vietnam.  He
was assigned to Headquarters and Headquarters Company, 1st Battalion, 6th
Infantry Regiment, 198th Light infantry Brigade, Americal Division from
13 October 1969 to 28 October 1970, where he was awarded the Army
Commendation Medal with 2nd Oak Leaf Cluster and was promoted to pay grade
E-5.  Medical records show he was wounded on 1 April 1970, spent 8 days in
the hospital and several more convalescing.  There is no evidence to show
he was awarded the Purple Heart.

3.  The applicant returned to the United States and was stationed at Fort
Bragg, North Carolina.  He was discharged to reenlist on 12 August 1971 and
was assigned a separation program number (SPN) of 313 (to immediately
reenlist).  On 15 November 1971 he was awarded the Good Conduct Medal for
the period 13 August 1968 through 12 August 1971 .  He was promoted to
staff sergeant
(E-6) effective 1 January 1975.
4.  The applicant's DA Forms 20 (Enlisted Qualification Records) show that
his authorized awards consist of the Army Commendation Medal with two Oak
Leaf Clusters, the Good Conduct Medal, the Vietnam Service Medal (four
campaigns), the National Defense Service Medal, the Republic of Vietnam
Campaign Medal with "1960-" Device, the Presidential Unit Citation, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Parachutist Badge and the Sharpshooter Badge with Rifle Bar.  His conduct
and efficiency ratings were exclusively excellent.

5.  On 21 July 1977 the applicant was separated with an undesirable
discharge under the provisions of Army Regulation 635-200, chapter 10.  He
had 8 years, 11 months, and 9 days of creditable service and no lost time.


6.  The details of the discharge processing are not contained in the
available records.  A copy of a January 1978 Veteran Administration (VA)
request for records indicates that they were not in his records at that
time either.

7.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 10 of that regulation provides,
in pertinent part, that a member who has committed an offense or offenses
for which the authorized punishment includes a punitive discharge may at
any time after the charges have been preferred, submit a request for
discharge for the good of the service in lieu of trial by court-martial.  A
discharge under other than honorable conditions is normally considered
appropriate.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained while in action
against an enemy or 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.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows
that 1st Battalion, 6th Infantry Regiment was awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation for service that included
the applicant's tour of duty.

10.  In support of his request the applicant submits the following
notarized character references:

      a.  his current supervisor states that the applicant has worked in
his area of responsibility since 1993—the applicant has displayed strong
character, he willingly gets involved in activities beyond the normal,
routine functions and gets along well with others—he is a dependable worker
who comes to work everyday and performs his assigned tasks without
supervision;

      b.  the employer's personnel manager reports that the applicant has
been employed there since August 1977 and has fulfilled seven different
positions;


      c.  the applicant's sister reports that the applicant is the father of
one son and the step-father to a daughter and two more sons (another step-
son is deceased).  The applicant is a loving husband, father and
grandfather and his sister’s best friend;


      d.  the applicant's wife reports that they were married in 1973 and
have raised five children—she thinks the children received great values
from the applicant—he has been a good and devoted father and a great
husband—he has had the same employer for 28 years and never causes
trouble—he supports his family and friends in everything they do;


      e.  a friend of many years describes the applicant as a honest, hard
working man who has a calm spirit and a kind heart—he shows compassion and
love for everyone he meets—a good citizen who thinks highly of his job and
goes to work regardless of how he feels;


      f.  a minister reports that she has known the applicant for 33 years,
he is a good family man and a good friend who will help anyone, he attends
church regularly;


      g.  another sister, who is a retired Army noncommissioned officer and
a federal employee (GS-11) at Fort Gordon, Georgia, relates that she was in
junior high school when the applicant went to Vietnam, but he inspired her
to join the military—she describes the applicant as dependable, reliable,
hard working, conscientious, honest  and courteous to all—he has been there
for her and her family when needed;


      h.  a step-son reports that the applicant came into their lives when
they needed a father and that they all benefited from his leadership, care
and love—the applicant is the main reason the step-son made the Army his
career;


      i.  the applicant's brother-in-law offers a similar description—he
considers the applicant always patient and calm under pressure; and


      j.  a sister-in law states the applicant is not only helpful to his
family, he also will help anyone in need.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record relating to the of the applicant's
discharge.  While his military service of almost 9 years is noted it is
impossible to weigh that against the unknown circumstances of the
discharge.

2.  In the absence of evidence to the contrary, it is presumed that the
discharge proceedings were conducted in accordance with law and applicable
regulations and that the character of the discharge was appropriate.

3.  The applicant's assertion of drug and alcohol problems is noted, but
such problems do not necessarily mitigate behavior.  This is especially
true when the behavior that led to the discharge and the circumstances
surrounding the individual's recovery from addiction are both unknown.

4.  The evidence that the applicant has made a successful adjustment to
civilian life in the post-service period is acknowledged; however, his
accomplishments and contributions are not so exceptionally meritorious at
to warrant the requested relief, even when considered in light of his years
of successful service.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

6.  The applicant was clearly wounded as the result of enemy action on 1
April 1970 and should be awarded the Purple Heart and it should be shown on
his final DD Form 214 along with all his authorized awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__CD ___  __JI ____  __TDH__  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 Purple
Heart for wounds sustained in Vietnam on 1 April 1970 and that it be added
to his final DD Form 214 along with all his authorized awards.

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
upgrading the final discharge.



                                  _Thomas D. Howard, Jr.
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011515                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051103                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19770721                                |
|DISCHARGE AUTHORITY     |AR 635-200, Ch 10                       |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          | DENY                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |A70.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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