RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:               NOVEMBER 9, 2004
      DOCKET NUMBER:       AR2004103697


      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. Mark D. Manning               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 during combat operations in
Vietnam, exploding napalm bombs injured him.  He was hospitalized but was
never awarded the Purple Heart.  He received other awards, as an example,
the Bronze Star Medal.  In a follow-up application for the Purple Heart,
the applicant stated, in effect, that it was his belief that his records
did not show the treatment he received for his injuries in the field in the
combat zone.

3.  The applicant provides a copy of his DD Form 214, Armed Forces of the
Unites States, Report of Transfer or Discharge, and several articles
related to his Vietnam service taken from a newspaper.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 26 September 1969.  The application submitted in this case is
dated 14 November 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 military record shows that he was inducted into the
Army of the United States on 7 November 1966.  He completed his basic
combat training at Fort Leonard Wood, Missouri, and his advanced individual
training at Fort Polk, Louisiana.  After completing all required training,
he was awarded the military occupational specialty (MOS), 11B (Light
Weapons Infantryman).

4.  The applicant was assigned to Vietnam and he arrived there on 9 March
1968.  He was assigned to Company B, 3rd Battalion, 22 Infantry, 25th
Infantry Division.  On 8 August 1968, the applicant was reassigned to
Headquarters and Headquarters Company, 3rd Battalion, 22nd Infantry within
the same division.  The applicant served in Vietnam until 8 March 1969 when
he was returned to the United States.
5.  The applicant was released from active duty on 26 September 1969, under
the provisions of Army Regulation (AR) 635-200, at the expiration of his
term of service, at Fort Riley, Kansas, in the rank and pay grade,
Sergeant, E-5, with 1 year, 11 months, and 29 days active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he
was awarded the Good Conduct Medal; the National Defense Service Medal;
the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; and
the Bronze Star Medal, 2nd Oak Leaf Cluster, with "V" Device; the Army
Commendation Medal, with "V" Device; and the Combat Infantryman Badge.  The
Purple Heart is not shown among his authorized awards.

7.  The applicant's name does not appear on the Vietnam Casualty List and
there is disagreement in the applicant's statement as to where he received
treatment for his alleged injuries – in the hospital or in the field.

8.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he was awarded the Purple Heart.  Item 40
(Brief Description of Wounds), of the applicant's DA Form 20, is blank.
There are no orders in the applicant's service personnel records to show
that he was awarded the Purple Heart.

9.  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.  A Standard Form (SF) 88, Report of Medical Examination, completed
during the applicant's separation physical examination, on 22 September
1969, shows no entries to indicate that he had any residual scars from
burns that he alleges to have sustained in action during his assignment in
Vietnam.  He was qualified for separation based on this medical
examination.

11.  A SF 89, Report of Medical History, completed in part by the
applicant, during his separation physical examination, on 22 September
1969, shows no entries to indicate that he sustained any burns from napalm
during his assignment in Vietnam.

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for campaign participation.
13.  While in Vietnam, the applicant participated in the following five
campaigns:  the Tet Counteroffensive, which extended from 30 January
through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which
extended from 2 April through 30 June 1968; the Vietnam Counteroffensive,
Phase V, which extended from 1 July through 1 November 1968; the Vietnam
Counteroffensive, Phase VI, which extended from 2 November 1968 through 22
February 1969; and the Tet 69 Counteroffensive, which extended from 23
February through 8 June 1969.

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, the
3rd Battalion, 22nd Infantry Battalion, 25th Infantry Division, was awarded
the Valorous Unit Award for the period 27 August through 31 October 1968 by
Department of the Army General Orders (DAGO) 42, dated 1969; the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 1
September 1968 through 30 September 1970, by DAGO 5, dated 1973; and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation,
by DAGO 51, dated 1971.

16.  On 13 November 1967, the applicant qualified sharpshooter with his
assigned M-14 Rifle.  He was awarded the Sharpshooter Marksmanship
Qualification Badge, with Rifle Bar, by Special Orders Number 321,
paragraph 212, prepared by Headquarters, U.S. Army Training Center and Fort
Leonard Wood, Missouri, dated 17 November 1967.

17.  On 17 January 1968, the applicant qualified sharpshooter with the M-60
machinegun.  He was awarded the Sharpshooter Marksmanship Qualification
Badge, with Machinegun Bar, by Special Orders Number 031, paragraph 178,
prepared by Headquarters, U.S. Army Training Center and Fort Polk,
Louisiana, dated 5 February 1968.

18.  The applicant submitted an undated newspaper article showing that he
suffered burns when a napalm bomb exploded on an unknown date, during a
battle near Saigon.  The article stated that the applicant had suffered
these burns and an infection to his hands, arms, and one leg.

DISCUSSION AND CONCLUSIONS:

1.  Despite the newspaper article that the applicant submitted, there is a
lack of official corroborating evidence upon which to base award of the
Purple Heart.

2.  The applicant underwent a separation physical examination on 22
September 1969.  During this examination, the applicant did not bring these
burns to the attention of the examining physician and the examining
physician evidently did not notice any residual scars from the alleged
burns he suffered when the napalm bombs exploded.  The applicant is
therefore ineligible for award of the Purple Heart and to have it added to
his DD Form 214 at this time.

3.  The applicant participated in five campaigns during his tour of duty in
Vietnam.  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.

4.  The applicant served in a unit, the 3rd Battalion, 22nd Infantry, 25th
Infantry Division, which was awarded the Valorous Unit Award; the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citations; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  He is
therefore entitled to these unit awards and to have them added to his
separation document.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

mdm____  lgh _____  lds______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 the applicant 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 Vietnam; and


      b.  awarding the applicant the Valorous Unit Award; the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citations; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and adding
these unit awards to his DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart to the applicant.




            ____Mark D. Manning____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004103697                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041109                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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