RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            OCTOBER 7, 2004
      DOCKET NUMBER:    AR2004103284


      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. Walter T. Morrison            |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Patrick H. McGann Jr,         |     |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 he be awarded the Purple Heart.

2.  The applicant states, in effect, that he did not receive the Purple
Heart and that the fracture of his leg was a result of a hostile ambush on
patrol.

3.  The applicant provides nothing in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows that he enlisted in the Regular
Army in Little Rock, Arkansas, on 17 November 1969, for 2 years, in the
rank and pay grade, Specialist Four, E-4, with an enlistment commitment to
undergo warrant officer training.

2.  The applicant was a prior service enlistee having served in the United
States Navy from 8 July 1963 through 22 May 1967.  He was honorably
released from this service and was transferred to the Naval Reserve in the
pay grade, E-5.  While in the Navy, the applicant was awarded the Good
Conduct Medal, the National Defense Service Medal, the Armed Forces
Expeditionary Medal, and the Vietnam Campaign Medal.  The applicant served
in Vietnam from 22 October 1964 through 17 July 1965, and from 15 November
1965 through 15 June 1966, during his Navy service.

3.  The applicant's records show that he completed his basic combat
training at Fort Polk, Louisiana, and was assigned to Fort Wolters, Texas,
to undergo Warrant Officer Candidate Training.  On 3 March 1970, the
applicant was released from Warrant Officer Candidate School.  Following
his release from Warrant Officer Candidate Training, he remained assigned
at Fort Wolters, and was awarded the military occupational specialty (MOS)
68H, Aircraft Pneudraulics Repairer.

4.  The applicant was assigned to Vietnam and he arrived there on 20
December 1970.  He was assigned to Battery A, 377th Artillery Battalion,
101st Airborne Division.  The applicant served in Vietnam until 24 July
1971 when he was medically evacuated to the United States in a patient
status.

5.  The applicant was released from active duty on 14 September 1971, under
the provisions of Army Regulation (AR) 635-200, and was given the
Separation Program Number (SPN) 412 (Enlisted Member of Medical Holding
Detachment Who Upon Completion of Hospitalization Do Not Intend to
Immediately Enlist or Reenlist in the Regular Army), in the rank and pay
grade of Specialist Four, E-4.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded the National Defense Service Medal; the Vietnam Service Medal, with
one bronze service star; the Republic of Vietnam Campaign Medal; and the
Sharpshooter Marksmanship Qualification Badge, with Automatic Rifle Bar (M-
16 Rifle).  The Purple Heart is not shown among his awards.

7.  The applicant's name does not appear on the Vietnam Casualty List.

8.  A DA Form 3349, Medical Condition – Physical Profile Record, dated 6
July 1971, shows that the applicant was awarded a temporary physical
profile (T-3 under the L designator of the PULHES Serial) and was placed on
restricted duty, as evidenced by a medical examination and a review of his
health records, dated 6 April 1971.  Section B (Physical Profile), in item
6, shows the following, "Irregular roughening of undersurface of knee cap
that prevents full use of this knee."

9.  There are no orders in the applicant's service personnel records to
show that he was awarded the Purple Heart.  A search of the general orders
consolidation maintained by the Award Branch, Human Resources Command, was
made for such orders; however, this search failed to reveal that such
orders were published.

10.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing he was
awarded the Purple Heart.  Item 40 (Brief Description of Wounds), of the
applicant's DA Form 20, is blank.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, this entry is not correct because it does not give the
applicant credit for all campaigns serve in Vietnam.  The applicant served
three campaigns in Vietnam while he served in the Navy and two while he
served in the Army.

12.  While in Vietnam, during his Army service, the applicant participated
in the following two campaigns:  the Vietnam Counteroffensive, Phase VII,
which extended from 1 July 1970 through 30 June 1971; and the Consolidation
I, which extended from 1 July through 30 November 1971.

13.  While in Vietnam, during his Naval service, the applicant participated
in the following three campaigns:  the Vietnam Advisory Campaign, which
extended
from 15 March 1962 through 7 March 1965; the Vietnam Defense Campaign,
which extended from 8 March through 24 December 1965; and the Vietnam
Counteroffensive, which extended from 25 December 1965 through 30 June
1966.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

15.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows that the unit the applicant was assigned to,
Battery A, 377th Artillery Battalion, 101st Airborne Division, was awarded
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 1 March through 9 October 1971, and for the period 18 April through
31 August 1971, by Department of the Army General Orders 6, dated 1974.

16.  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.

17.  AR 40-501, Chapter 7, physical profiling, provides that the basic
purpose of the physical profile serial system is to provide an index to the
overall functional capacity of an individual and is used to assist the unit
commander and personnel officer in their determination of what duty
assignments the individual is capable of performing, and if
reclassification action is warranted.  Four numerical designations (1-4)
are used to reflect different levels of functional capacity in six factors
(PULHES): P-physical capacity or stamina, U-upper extremities,
L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric.
Numerical
designator 1 under all factors indicates that an individual is considered
to possess a high level of medical fitness and, consequently, is medically
fit for any military assignment.  Numerical designators 2 and 3 indicate
that an individual has a medical condition or physical defect which
requires certain restrictions in assignment within which the individual is
physically capable of performing military duty.  The individual should
receive assignments commensurate with his or her functional capacity.
Numerical designator 4 indicates that an individual has one or more medical
conditions or physical defects of such severity that performance of
military duty must be drastically limited.  The numerical designator 4 does
not necessarily mean that the individual is unfit because of physical
disability as defined in AR 635-40.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant's record that he fractured his
leg while he was in Vietnam.  There is also no evidence that if he
fractured his leg that it was a result of a hostile ambush on patrol.  The
available evidence shows that the applicant apparently had a medical
condition of his lower extremity which apparently had an onset in April
1971 and which resulted in his medical evacuation to the United States for
treatment in July 1971.  Absent any evidence that the injury that he
sustained was related to an ambush while he was on patrol, the applicant is
not entitled to award of the Purple Heart and to have it added to his
separation document at this time.

2.  The applicant participated in two campaigns during his Army service in
Vietnam.  He participated in three campaigns during his Naval service in
Vietnam.  The applicant participated in five campaigns in his combined Army
and Navy service.  He is therefore entitled to award of one silver service
star to be affixed to his already-awarded Vietnam Service Medal and to have
it shown on his separation document.

3.  The applicant served in a unit, the 377th Artillery Battalion, 101st
Airborne Division, which was awarded the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period 1 March through 9 October
1971, and for the period 18 April through 31 August 1971, while he was a
member of the unit.  The second period is totally encompassed within the
period of the first award; therefore, the applicant is only entitled to
have one award shown on his separation document.
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

wtm_____  pms____  pm______  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:  that the applicant was awarded one silver service star
to be affixed to his already-awarded Vietnam Service Medal, to denote his
participation in five campaigns while he served in the Republic of Vietnam
and, that the applicant was awarded the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, and having these awards added to his DD
Form 214.





            ___Walter T. Morrison__
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004103284                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041007                                |
|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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