RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20040011523


      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 that his record be corrected to show he was
awarded the Purple Heart (PH).

2.  The applicant states, in effect, that he believes his official military
personnel file (OMPF) is complete and that it will include medical records
that will show he received medical care for a piece of shrapnel that was
lodged between his eyes. He also states that he has a Department of
Veterans Affairs (DVA) Rating Decision which shows he has a 0 percent
rating for a service-connected disability for that injury.  He has a
pending claim for an increased rating.  He also believes the documents that
he has provided in conjunction with his OMPF will support award of the PH
for this injury.

3.  A letter written by the applicant in his own behalf, dated 15 November
2004, states that he served in Vietnam from 15 November 1967 to 15 November
1968 as an infantry paratrooper assigned to Company D, 2nd Battalion, 503rd
Infantry, 173rd Airborne Brigade and the organizations main mission was to
search and destroy.  Therefore, he participated in over 50 combat assaults.
 It was during a search and destroy mission outside of the fire support
base at LZ English, Bong Song, Vietnam that he was injured.  He has
provided an eyewitness statement that was written by an individual that was
with him at the time of the injury.  The eyewitness summoned medical
personnel, and he was treated and evacuated to a field infirmary.  The
applicant also provides details concerning several other Vietnam
experiences, information about his personal history since he returned from
Vietnam and information about his current medical condition.

4.  The applicant provides in support of his request:

      a.  DD Form 214 (Armed Forces of the United States Report of Transfer
or Discharge).


      b.  A letter written by the applicant in his own behalf, dated 15
November 2004.
      c.  An eyewitness statement, undated.


      d.  A DVA Transmittal Record.
CONSIDERATION OF EVIDENCE:

1.  On 22 May 1967, the applicant enlisted in the Regular Army for 3 years
and training in military occupational specialty (MOS) 11B (Light Weapons
Infantryman).  He completed the training requirements, was awarded the MOS
and on 16 November 1967, he was assigned to Vietnam with duties in his MOS.
 Initially, he was assigned to Company A, 2nd Battalion, 503rd Infantry,
173rd Airborne Brigade.  On 1 July 1968, he was further assigned to Company
D, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade and he served with
this unit until he left Vietnam and returned to Fort Hood, Texas.

2.  The eyewitness indicates that both he and the applicant arrived in
Vietnam on 16 November 1967 and they were both assigned to the same
platoon.  In March 1968, their unit left the central highlands at LZ
English, Bong Song, Vietnam, and moved into the coastal region around Bong
Song in support of Operation Cochise.  While performing a search and
destroy mission the unit engaged in fire with an enemy force.  A grenade
exploded near the applicant and shrapnel hit him, and became lodged in the
bridge of his nose.  He called for medical personnel; the applicant was
extracted from the battlefield, treated and returned to the battlefield
with a bandage on his nose.

3.  On 21 May 1970, the applicant was honorably separated from active duty.
 His DD Form 214 shows he was awarded the National Defense Service Medal,
Vietnam Service Medal with two bronze service stars, Vietnam Campaign
Medal, Combat Infantryman Badge, Parachutist Badge, Expert Marksmanship
Qualification Badge (Rifle M-14) and the Marksman Marksmanship
Qualification Badge (Rifle M-16).  It does not show the PH as an authorized
award.

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

5.  The available record did not contain any medical records.

6.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, the 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, in pertinent part, that
the:  PH is awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify 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.  This
regulation also provides that there is no statute of limitations on
requests for award of the PH.
7.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Oversea Service Bar (OSB).  In pertinent part, it provides that a
bar is authorized for wear for each period of active Federal service as a
member of the U.S. Army outside of the continental limits of the United
States.  There are special provisions regarding authorization for the OSB
for service in a hostile fire zone and for combining service to calculate
award of the bars.  For Vietnam service, one overseas service bar is
authorized for each period of 6 months active Federal service as a member
of a U.S. Service in Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and the month of departure from
Vietnam are counted as a whole months for credit toward the overseas
service bar.  The applicant is authorized award of two OSB's for his
service from
16 November 1967 to 15 November 1968.

8.  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 Unit
Citation with Palm for the period 5 May 1965 to 26 September 1970 by
Department of the Army General Order (DAGO) Number 51, dated 1971.

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.  No medical records were available, therefore, none were considered and
the applicant's name does not appear on the Vietnam Casualty List.

3.  The applicant's eyewitness statement alone is inadequate to establish a
basis for award of the PH.  The statement alone is not sufficient evidence
to show the injury was the result of hostile fire.  Neither is the
statement sufficient to show the applicant was treated and the treatment
was made a matter of record.

4.  Both the applicant's statement and the eyewitness statement merely
relate a telling of events and do not provide proof that the applicant was
actually wounded in action while serving in Vietnam.

5.  However, the applicant is authorized award of the Vietnam Gallantry
Cross Unit Citation with Palm and two OSB's.


6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, 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

__jea___  __bpi___  __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 for correction of the
records of the individual concerned.

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 award of the Vietnam Gallantry Cross Unit Citation with
Palm and two OSB's.



                                        James E. Anderholm
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011523                           |
|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.                      |107.0079                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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