RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          14 October 2004
      DOCKET NUMBER:  AR2004102330


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 records be corrected to
show award of the Purple Heart (PH).

2.  The applicant states, in effect, that he was wounded while serving in
Vietnam and that he did not realize he was not awarded the PH until he
requested a copy of his Official Military Personnel File (OMPF).

3.  The applicant provides medical documents that are contained in his OMPF
in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that prior to the period of
service under review, he served honorably in the Regular Army (RA) from 17
October 1966 to
4 July 1967.  Item 24 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214
for that period of service shows he was awarded the National Defense
Service Medal (NDSM) and the Sharpshooter Marksmanship Qualification Badge,
M14 Rifle.

2.  On 5 July 1967, the applicant reenlisted in the RA for military
occupational specialty (MOS) 64C, Heavy Vehicle Driver.  He served in
Germany from March 1967 to November 1968.

3.  The applicant served in Vietnam with the 515th Transportation Company
from 2 December 1968 to 10 May 1969; he served with the 630th
Transportation Company from 11 May 1969 to 18 July 1969; and he served with
the 805th Transportation Company from 19 July 1969 to 8 October 1969.

4.  The applicant also served in Vietnam from 11 May 1970 to 13 April 1971
with the 261st Transportation Company.

5.  The applicant's campaigns include: Vietnam Counteroffensive, Phase VI;
TET 69 Counteroffensive; Vietnam Summer-Fall 1969; Sanctuary
Counteroffensive; and Vietnam Counteroffensive VII.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item
40 (Wounds) contains no entries.

7.  The available medical documents show the applicant had an appendectomy,
injured his left ankle and that he made several minor complaints, but the
documents do not show he was injured as a result of hostile fire.
8.  The applicant received a physical evaluation on 28 September 1973 prior
to separation.  His Standard Form 88 (Report of Medical Examination); Item
39 (Identifying Body Marks, Scars, Tattoos) is annotated "Normal" and fails
to note any wounds or injuries incurred due to hostile action.

9.  The applicant is also not listed on the Vietnam Casualty Roster as
having been wounded in action.

10.  On 1 October 1973, the applicant was honorably separated from active
duty. Item 24 on his DD Form 214 shows he was awarded the NDSM; Vietnam
Service Medal (VSM); Vietnam Campaign Medal with 60 Device, Marksman
Marksmanship Qualification Badge with M14 Rifle; Drivers Badge and three
overseas service bars.

11.  Army Regulation 600-8-22 (Military Awards) sets forth Department of
the Army criteria, policy and instructions concerning individual military
awards and 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.

12.  Army Regulation 600-8-22 also authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in Appendix B
of that regulation and states that authorized Bronze Service Stars will be
worn on the appropriate service medal to include the VSM.  The applicant is
authorized five bronze service stars to be worn on his VSM.  A silver
service star is worn instead of five bronze service stars.

13.  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 that the applicant's unit was
cited for award of the Vietnam Gallantry Cross with Palm Unit Citation, for
the period from
8 February 1962 to 28 March 1973 by Department of the Army General Order
Number 8, dated 1974.  The applicant's DD Form 214 does not show this is an
authorized award because it was awarded to his unit after he had been
separated.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, 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.  There is nothing in the applicant's
record to support his contention that he was wounded, nor does his name
appear on the official Vietnam Casualty Roster.

2.  A review of the applicant’s records shows his DD Form 214 issued on
1 October 1973 should be corrected to show he is authorized award of a
silver service star to be worn on his VSM, and the Vietnam Gallantry Cross
Unit Citation with Palm.

3.  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

__fe____  __rtd___  __lds___  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 a silver service star for wear on his VSM, and
the Vietnam Gallantry Cross Unit Citation with Palm.


                 Fred Eichorn
            ______________________
                    CHAIRPERSON



































                                    INDEX

|CASE ID                 |AR2004102330                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041014                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0094                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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