RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            30 September 2004
      DOCKET NUMBER:   AR2004101955


      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. John N. Slone                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Melvin H. Meyer               |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, while serving in the Republic of
Vietnam (RVN), he received the PH, for a shrapnel wound to the head he
received in the field.  However, he recently noticed his separation
document (DD Form 214) did not include the PH in the list of authorized
awards it contains.  He claims he was given the PH Medal, which he thought
he deserved and if after reviewing his records if the Board thinks he does
not deserve the PH, he will return the medal.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 12 October 1971.  The application submitted in this case
is dated
16 December 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 he was inducted into the Army and entered
active duty on 11 February 1970.  He was trained in and awarded military
occupational specialty (MOS) 11B (Infantryman) and assigned to the RVN in
August 1970.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 11 July 1970 through 10 July 1971. Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
B Company, 3rd Battalion, 187th Infantry Regiment.
5.  Item 38 of the applicant’s DA Form 20 also confirms that he received
“Excellent” conduct and efficiency ratings at all of his active duty
assignments.  Item 41 (Wounds) is blank.  His Military Personnel Records
Jacket (MPRJ) is void of any derogatory information or a unit
disqualification that would have prevented him from receiving the Army Good
Conduct Medal (AGCM).

6.  The applicant’s MPRJ contains medical treatment records, which includes
a Standard Form 600 (Chronological Record of Medical Care, prepared at the
3rd Battalion 187th Infantry Regiment Aid Station.  This document contains
a treatment entry, dated 4 September 1970, which confirms the applicant was
treated for a small fragmentation wound to his forehead that he had
received the night before when a grenade exploded near him.  This medical
treatment record further shows the applicant received follow-up treatment
for this wound on 5,
6 and 7 September 1970.

7.  The applicant’s MPRJ also contains a copy of Headquarters, 101st
Airborne Division General Orders Number 6839, dated 20 June 1971, which
awarded the applicant the Bronze Star Medal, for meritorious service from
July 1970 through July 1971.  It also contains a copy of Headquarters,
101st Airborne Division General Orders Number 7238, dated 24 June 1971,
which awarded the applicant the Bronze Star Medal with Valor (“V”) Device,
for heroism in connection with ground operations in the RVN on 23 February
1971.

8.  On 12 October 1971, the applicant was honorably released from active
duty.  The DD Form 214 he was issued at the time confirms he completed 1
year,
8 months and 2 days of active military service.  It also shows that during
his tenure on active duty, he earned the National Defense Service Medal,
Combat Infantryman Badge, Republic of Vietnam Campaign Medal with 60
Device,
Air Medal, and Vietnam Service Medal with 1 bronze service star.

9.  In connection with the processing of this case, a member of the Board
staff reviewed the Department of the Army Vietnam Casualty Roster.  The
applicant’s name was not found on this roster of RVN casualties.

10.  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 award of the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that the wound for
which the award is being made was received as a result of enemy action, the
wound must have required medical treatment and the medical treatment must
have been made a matter of official record.
11.  Paragraph 2-13 of the awards regulation contains guidance on award of
the Vietnam Service Medal.  It states, in pertinent part, that a bronze
service star is authorized with this award for each RVN campaign a member
is credited with participating in while serving in the RVN.

12.  Table 2-1 of the awards regulation contains a list of authorized
campaigns and it shows that during his assignment tenure, the applicant was
credited with participating in the Sanctuary Counteroffensive 1970 and
Vietnam Counteroffensive Phase VII 1970-1971 campaigns.

13.  Paragraph 3-13 of the awards regulation outlines the criteria for
award of the Bronze Star Medal.  It states, in pertinent part, that it may
be awarded to members who distinguish themselves by heroic or meritorious
achievement or service.

14.  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
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service.
Although there is no automatic entitlement to the GCM, disqualification
must be justified.

15.  Paragraph 6-3 of the awards regulation provides guidance on Oak Leaf
Clusters. It states, in pertinent part, that oak leaf clusters will be
issued to denote award of a second and succeeding awards if decorations,
other than the Air Medal, which includes the Bronze Star Medal. Paragraph 6-
5 contains guidance on the “V” Device.  It states, in pertinent part, that
the “V” Device is issued for wear the Bronze Star Medal to denote an award
made for heroism (valor).

16.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.
DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support award of the PH, it is necessary to
have evidence confirming the member was wounded in action, was treated for
the wound by military medical personnel and this record of treatment must
have been made a matter official record.

2.  In this case, the evidence of record includes a Standard Form 600
(Chronological Record of Medical Care), prepared at the 3rd Battalion,
187th Infantry Regiment Aid Station.  This document confirms that on
4 September 1970, the applicant was treated for a fragmentation wound to
the forehead that he had received the night before as a result of a grenade
explosion and that he received follow-up treatment for the wound on 5, 6
and 7 September 1971.

3.  The medical treatment records are void of any indication that the
applicant’s wound was accidental or that it was not incurred in the line of
duty.  The treatment entries appear to be consistent with those that would
occur when a member was treated for a combat related wound or injury.  As a
result, it is concluded the Standard Form 600 on file supports the
applicant’s claim of entitlement to the PH.  Therefore, the regulatory
burden of proof necessary to support award of the PH has been sufficiently
satisfied in this case.

4.  The applicant’s MPRJ also includes General Orders awarding him the
Bronze Star Medal with “V” Device, for heroism; and the Bronze Star Medal,
for meritorious service.  Thus, it would be appropriate to add these earned
awards to list of authorized awards contained on his DD Form 214.

5.  Item 38 of the applicant’s DA Form 20 confirms he received "Excellent"
conduct and efficiency ratings at all of his active duty assignments.
Further, his MPRJ is void of any derogatory information or a specific
disqualification by any of the active duty unit commanders for whom he
served.  As a result, it would be appropriate to award the applicant the
first award of the AGCM, for his qualifying period of honorable active duty
service from 11 February 1970 through
12 October 1971.

6.  Finally, the record confirms that based on his RVN service and campaign
participation, the applicant is entitled to the RVN Gallantry Cross with
Palm Unit Citation and 2 bronze service stars with his Vietnam Service
Medal.  Thus, it would also be appropriate to add these awards to his
record at this time.
BOARD VOTE:

__JNS___  ___FE __  __MHM__  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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:

      a.  awarding him the Purple Heart, for being wounded in action on
3 September 1970 while serving in the RVN;


      b.  awarding him the first award of the Army Good Conduct Medal, for
his qualifying honorable active duty service from 11 February 1970 through
12 October 1971;

      c.  adding the Bronze Star Medal 1st Oak Leaf Cluster with “V” Device
to the list of awards contained on his DD Form 214;


      d. showing that based on his RVN service and campaign participation,
he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and to 2 bronze service stars with his Vietnam Service Medal; and


      e.  providing him a corrected separation document that includes these
awards.




            ____JOHN N. SLONE   ___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101955                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/10/12                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PLUS)                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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