RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          28 October 2004
      DOCKET NUMBER:  AR2004101328


      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. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Marla J. N. 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, in effect, that his record be corrected to show
award of the Purple Heart (PH).

2.  The applicant states, in effect, that he experienced a loss of hearing
due to artillery fire and he was never issued the PH that he deserves.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he was inducted into the
Army of the United States on 16 November 1967.  He completed the training
requirements and he was awarded military occupational specialty (MOS) 13A
(Field Artillery Basic).

2.  On 4 May 1968, he was assigned to Vietnam with duties in his MOS.  He
served with Battery C, 6th Battalion, 77th Artillery until he returned to
the United States on 2 May 1969 and was assigned to Fort Carson, Colorado.


3.  The applicant served in Vietnam during Vietnam Counteroffensive Phase
IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI,
and Tet 69 Counteroffensive 1969 campaigns.

4.  On 14 November 1969, the applicant was honorably released from active
duty and transferred to the United States Army Reserve.  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) on his DD Form 214 shows that he was awarded the
National Defense Service Medal, Vietnam Service Medal (VSM) with one bronze
service star, Vietnam Campaign Medal with 60 Device and the Vietnamese Unit
Award [correctly known as the Vietnam Gallantry Cross Unit Citation with
Palm or the Vietnam Civil Actions Honor Medal, First Class].

5.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification
Record) shows no annotations or descriptions of any wounds the applicant
received as a result of hostile action while serving in Vietnam.  His name
also does not appear on the Vietnam Casualty List, a compilation of all
casualties during the Vietnam War.

6.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  This regulation provides, in pertinent
part, that:

      a.  The Purple Heart (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.

      b.  A bronze service star is authorized based on qualifying service,
for each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  The applicant is authorized award of four bronze service stars for
wear on his VSM to represent the four campaigns in which he participated
from 4 May 1968 to 2 May 1969.

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 in Vietnam from 4 May 1968 to 2 May 1969.

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 17 July 1968 to 14 June 1969 by
Department of the Army General Order Number 59, dated 1969.  It also shows
that the unit was awarded the Vietnam Civil Actions Honor Medal, First
Class for the period 17 July 1968 to 1 June 1969 by Department of the Army
General Order Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, the applicant would have to show that
he was wounded and that:  (1) he was serving in some capacity with one of
the U.S. Armed Services (2) 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.  There is nothing in the applicant's
record to support his contention that he sustained a hearing loss as a
result of hostile action, nor does his name appear on the official Vietnam
Casualty List.

2.  Vietnamese Unit Award that is shown on the applicant's DD Form 214 is
not a specific award.  It should be deleted and the Vietnam Gallantry Cross
Unit Citation with Palm and the Vietnam Civil Actions Honor Medal, First
Class should be added.

3.  The applicant is also authorized two OSB's and four bronze service
stars to be worn on his VSM.

4.  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

__rjw___  __lf____  __mjnt____  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 by:




      a.  Deleting the Vietnamese Unit Award.

      b.  Adding the Vietnam Gallantry Cross Unit Citation with Palm,
Vietnam Civil Actions Honor Medal, First Class, two OSB's and four bronze
service stars to be worn on his VSM.



                 Raymond J. Wagner
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101328                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041028                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0015                                |
|2.                      |144.0049                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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