RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 July 2004
      DOCKET NUMBER:  AR2004100503


      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. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Mr. Antonio Uribe                 |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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, award of the Purple Heart (PH) and
correction of his record by adding all awards to which he is entitled.

2.  The applicant states, in effect, that he was wounded in the latter part
of April or early May 1967, while serving in the Republic of Vietnam (RVN),
and should have been awarded the PH as a result.  He claims that he was in
a truck that hit a land mine and as a result, he suffered shrapnel wounds
to his left arm and above his right eye.  He further states that he was
later treated at the
91st Evacuation Hospital, for an infection that resulted from the shrapnel
wounds.

3.  The applicant provides a copy of a medical treatment record (SF 600) in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 December 1967.  The application submitted in this case
is dated 22 October 2003.

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 limitation 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’s record shows that he was inducted into the Army and
entered active duty on 29 December 1965.  He was trained in, awarded, and
served in the military occupational specialty (MOS) 61E (Amphibian
Operator) and the highest rank he attained while serving on active duty was
specialist four (SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms
that he served in the RVN from 24 June 1966 through 14 June 1967.  During
this RVN tour, he was assigned to 344th Transportation Company, United
States Army Pacific (USARPAC).  Item 38 (Record of Assignments) further
shows that he received “Excellent” conduct and efficiency ratings at all of
his active duty assignments.  Item 40 (Wounds) is blank and contains no
entry indicating he was wounded/injured in action.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
derogatory information and there is no documented record of a
disqualification from any of the applicant’s active duty commanders that
would have precluded him from receiving the Army Good Conduct Medal (AGCM).
 The MPRJ also contains no orders or documents that indicate he was wounded
in action, or that he was ever recommended for or awarded the PH.

6.  On 13 December 1967, the applicant was honorably released from active
duty (REFRAD), by reason of expiration of term of service.  The DD Form 214
he was issued at the time confirms that he completed a total of 1 year, 11
months, and 15 days of active military service.  Item 24 (Decorations,
Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or
Authorized) shows that he earned National Defense Service Medal; Vietnam
Service Medal (VSM); and RVN Campaign Medal with 60 Device.

7.  The applicant provides a copy of a medical treatment record that
indicates he was treated for sores that did not heal on 15 May 1967.
However, the SF 600 entry contains no reference to a combat related wound
or injury, or to entitlement to the PH.

8.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
search failed to reveal the applicant’s name among this official list of
RVN battle casualties.

9.  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 PH.  It states, in pertinent
part, that the PH is awarded to any member who has been wounded or killed
in action. A wound is defined as an injury to any part of the body from an
outside force or agent sustained under conditions defined by this
regulation.  In order to support awarding a member the PH, it is necessary
to establish that the wound, for which the award is being made, required
treatment by a medical officer.  This treatment must be supported by
records of medical treatment for the wound or injury received in action,
and must have been made a matter of official record.
10.  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.  Table B-1 contains a list of
campaigns and it
shows that during the applicant’s tenure of assignment in the RVN, he was
credited with participating in the following three campaigns:  Vietnam
Counteroffensive 1965-1966; Vietnam Counteroffensive Phase II; and Vietnam
Counteroffensive Phase III.

11.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
normal qualifying period is 3 years; however, for the first award only,
upon termination of service on or after 27 June 1950, a period of more than
one but less than 3 years is a qualifying period.   Although there is no
automatic entitlement to the AGCM, disqualification must be justified.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (344th Transportation Company)
earned the Meritorious Unit Commendation and RVN Gallantry Cross with Palm
Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was 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 shows that he
was treated for sores that were not healing.  However, this treatment
record does not indicate these sores were the result of a wound./injury he
received as a result of combat action.  Further, Item 40 of his DA Form 20
is blank and his name is not included on the Vietnam Casualty Roster, which
would indicate he was never wounded/injured in action.  Lacking any
evidence of record to corroborate his claim of entitlement to the PH, the
regulatory burden of proof necessary to support award of the PH has not
been satisfied in this case.
3.  The applicant’s DA Form 20 confirms that he received excellent conduct
and efficiency ratings at all of his active duty assignments and his MPRJ
is void of any derogatory information or a specific disqualification from
any of the active duty unit commanders for whom he served.  Therefore, it
would be appropriate to award him the first award of the AGCM, for his
qualifying period of active duty service from 29 December 1965 through 13
December 1967.

4.  The record also confirms that based on his RVN service and campaign
participation, the applicant is entitled to the Meritorious Unit
Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
and 3 bronze service stars with his VSM.  It would also be appropriate to
add these awards to his record at this time.

BOARD VOTE:

_FE___  _AU____  __KWL____  GRANT 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; by showing he is entitled to the
Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and 3 bronze service stars with his Vietnam Service
Medal; and by providing him a corrected separation document that includes
these 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
award of the Purple Heart.




              ___Fred N. Eichorn__
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100503                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/07/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/12/13                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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