RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          21 December 2004
      DOCKET NUMBER:  AR2004103761


      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. Paul M. Smith                 |     |Member               |
|     |Ms. Semma E. Salter               |     |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 record be corrected to show
award of the Purple Heart (PH).

2.  The applicant states that, on 6 June 1968, he received a shrapnel wound
to his hand.  The wound was treated in the field and he never sough
treatment from a hospital.  A "buddy" with whom he was serving was killed
in action and his family received the PH.  At the time, the applicant just
did not feel that he deserved the PH for being slightly wounded.

3.  The applicant provides in support of his request:

      a.  An eyewitness statement from a member of his unit.  The eyewitness
indicates that he was serving in Vietnam with the applicant on or about 6
June 1968 when the unit walked into an ambush.  On that day, the applicant
and the eyewitness were both in the group that walked "point."  The group
was pinned down most of the day and received heavy machine gun and mortar
fire.  Shrapnel hit the applicant's left hand, but medical attention was
given to the more seriously wounded in the group.


      b.  A radiology report, dated 10 November 2003, which states an
"examination shows a 3 millimeter metallic density of the soft tissues on
the medial aspect of the left hand.  This is shown only in the AP and
oblique views.  There is no acute fracture or dislocation.  No hypertrophic
changes are noted."


      c.  DD Form 214 (Armed Forces of the United States Report of Transfer
or Discharge), issued on 25 September 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he was inducted into the
Army of the United States on 7 October 1966.  He completed the training
requirements and he was awarded military occupational specialty (MOS) 11B
(Light Weapons Infantryman).

2.  On 6 October 1967, the applicant was assigned to Vietnam with duties in
his MOS.  He served with Company A, 1st Battalion, 52nd Infantry, 198th
Infantry Brigade until he was assigned to Company D, 3rd Battalion, 11th
Infantry Brigade, 1st Infantry Division on 8 July 1968.  He served with
this unit until he returned to the United States on 29 September 1968 for
separation processing.

3.  The applicant served in Vietnam during Vietnam Counteroffensive Phase
III,
Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V campaigns.

4.  On 25 September 1968, the applicant was honorably released from active
duty and transferred to the United States Army Reserve.  The applicant's DD
Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) shows he was awarded the
National Defense Service Medal, Vietnam Service Medal (VSM), Vietnam
Campaign Medal, Combat Infantryman Badge, the Sharpshooter Marksmanship
Qualification Badge (M-14 Rifle) and two Overseas Service Bars.  The PH is
not shown as an authorized award.

5.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification
Record) shows no annotations or descriptions of any wounds the applicant
received as a result of hostile action while serving in Vietnam.  His name
also does not appear on the Vietnam Casualty List, a compilation of all
casualties during the Vietnam War.

6.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy and instructions concerning individual military
awards, service medals and service ribbons, combat and special skill badges
and tabs, unit decorations, and trophies and similar devices awarded in
recognition of accomplishments.  This regulation provides, in pertinent
part, that:

      a.  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.

      b.  A bronze service star is authorized based on qualifying service,
for each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.  The applicant is authorized award of four bronze service stars for
wear on his VSM to represent the four campaigns in which he participated
from 6 October 1967 to
29 September 1968.

7.  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 the unit to which the applicant
was assigned was cited for award of the Vietnam Gallantry Cross Unit
Citation with Palm for the period 20 July 1965 to 28 March 1973 by
Department of the Army General Order Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, the applicant would have to show that
he was wounded and that:  (1) he was serving in some capacity with one of
the U.S. Armed Services (2) 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 sustained a wound as a result of
hostile action, nor does his name appear on the official Vietnam Casualty
List.

2.  A radiology report coupled with an eyewitness statement provided more
than 30 years after the fact is not sufficient to grant award of the PH.

3.  The applicant's DD Form 214 should be corrected to show award of the
Vietnam Gallantry Cross Unit Citation with Palm and four bronzes service
stars to be worn on the VSM.

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

___fe___  __pms___  __ses___  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 the Vietnam Gallantry Cross Unit Citation with
Palm and four bronzes service stars to be worn on the VSM.



                 Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103761                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0094                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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