RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:             OCTOBER 14, 2004
      DOCKET NUMBER:     AR2004102275


      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. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Richard Dunbar                |     |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, reconsideration of his request for
award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded and never received
his Purple Heart.

3.  The applicant provides a copy of a Standard Form 600, Chronological
Record of Medical Care, and a copy of a letter dated 1991, from his squad
leader, supporting his claim that he was wounded in action.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records, which were
summarized, in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number AC93-
05787, on 16 February 1994.

2.  The letter dated 1991, from his squad leader, supporting his claim that
he was wounded in action, was submitted with his originally submitted
request to this Board.

3. The SF 600, which has entries dated 20, 23 and 26 April 1969, was not
previously reviewed by the Board.  It is new evidence; therefore, the Board
must consider it.

4.  In the letter, which was resubmitted for reconsideration, the squad
leader stated that the applicant was hit by shrapnel in the face and in the
arm (emphasis added) when they came under a mortar attack in Ben Tre,
Vietnam, in May 1969.

5.  The SF 600 that the applicant submitted for consideration shows that he
received medical treatment for a laceration of the upper and lower lip on
20 April 1969.  The SF 600 fails to mention any wound sustained by the
applicant to his arm.  There is also no mention of the circumstances that
caused the lacerations to the applicant's lips.

6.  The DD Form 214 that the applicant was issued shows that he was
honorably released from active duty and was transferred to the Reserve in
the rank and pay
grade, Specialist Four, E-4, at the expiration of his term of service.
While in the Army, the applicant was awarded the Good Conduct Medal; the
National Defense Service Medal; the Vietnam Service Medal, with four bronze
service stars; the Republic of Vietnam Campaign Medal; and the Sharpshooter
Marksmanship Qualification Badge, with Rifle Bar.

7.  The applicant served in Vietnam with Headquarters and Headquarters
Battery, 5th Battalion, 2nd Artillery, from 14 June through 9 July 1968,
and with Battery C, 5th Battalion, 2nd Artillery, from 10 July 1968 through
7 June 1969.  On his return to the United States, he was assigned to Fort
Bliss, Texas, to complete his military service obligation.

8.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, lists unit awards
received by units serving in Vietnam.  This document shows that the unit
the applicant served with in Vietnam, Headquarters and Headquarters
Battery, 5th Battalion, 2nd Artillery, was awarded the Meritorious Unit
Commendation for the period 5 April 1967 through 30 September 1968, by
Department of the Army General Orders (DAGO) Number 60, dated 1969, and the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 5 April 1967 through 15 March 1969 by DAGO 60, dated 1969.  Battery
C was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation for the period 24 April 1967 through 30 June 1968 by DAGO 43,
dated 1970, and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation, for the period 24 April 1967 through 28 June 1969, by
DAGO 43, dated 1970.

9.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not wear
more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.

10.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit
any time during the period cited; or was attached by competent orders to,
and present for duty with the unit during the entire period, or for at
least thirty consecutive days of the period cited.  Individuals may not
wear more than one Republic of Vietnam Gallantry Cross Unit Citation and
one Republic of Vietnam Civil Actions Honor Medal Unit Citation; this
precludes wear of the Vietnamese fourrageres, which represent additional
unit awards.

DISCUSSION AND CONCLUSIONS:

1.  The dates on the witness statement, submitted by the applicant's squad
leader in 1991, are in conflict with the dates shown on the SF 600
submitted by the applicant in support of his request.

2.  The squad leader and the applicant both are in agreement that the
applicant sustained a wound to the arm; however, the SF 600 makes no
mention of this alleged wound.

3.  The SF 600 is void of any evidence to show that the laceration to the
lips was a result of an engagement with a hostile enemy.  The SF 600 fails
to reveal any of the details surrounding this injury.  Based on all the
available evidence, there is no basis upon which to award the applicant the
Purple Heart at this time.

4.  During his tour of duty in Vietnam, the applicant served in a unit that
was awarded the Meritorious Unit Commendation; two Republic of Vietnam
Gallantry Cross, with Palm, Unit Citations and the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation.  These unit awards
are not shown on his DD Form 214.  It would be appropriate to add these
unit awards to his DD Form 214 at this time.

5.  The Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
which was awarded to Battery C, for the period 24 April 1967 through
28 June 1969 by DAGO 43, dated 1969, is totally encompassed in the period
for the award made to Headquarters and Headquarters Battery; therefore,
only one unit citation will be recorded in the official military personnel
and historical records.

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

rd   _____  fe______  ls  ______  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 to amend the decision of
the ABCMR set forth in Docket Number AC93-05787, dated 16 February 1994.

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:  that the applicant the Meritorious Unit Commendation;
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation;
and adding these unit awards to his DD Form 214.




            _____Fred Eichorn_____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004102275                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041014                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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