RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 October 2004
      DOCKET NUMBER:  AR2004103960


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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, award of the Purple Heart (PH).

2.  The applicant states, in effect, that he was hit in the side of the
head by enemy shrapnel while serving in the Republic of Vietnam (RVN);
however, he never followed on getting the PH.  He claims that sometime in
May 1971, he received surgery to remove the shrapnel at Fort Knox,
Kentucky.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 18 March 1971.  The application submitted in this case is
dated
2 February 2004.

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 record shows that he was inducted into the Army and
entered active duty on 19 March 1969.  He was trained in, awarded, and
served in the military occupational specialty (MOS) 11B (Infantryman) and
the highest rank he attained while serving on active duty was sergeant.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms
that he served in the RVN from 22 August 1969 through 18 August 1970.
During this RVN tour, he was assigned to Company B, 1st Battalion, 12th
Infantry Regiment, 4th Infantry Division, performing duties as an infantry
rifleman and squad leader.

5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 further
shows that he received “Excellent” conduct and efficiency ratings at all of
his active duty assignments.  Item 40 (Wounds) is blank and contains no
entry indicating he was wounded/injured in action.
6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
derogatory information and there is no documented record of a
disqualification from any of the applicant’s active duty commanders that
would have precluded him from receiving the Army Good Conduct Medal (AGCM).
 The MPRJ also contains no orders or documents that indicate he was wounded
in action, or that he was ever recommended for or awarded the PH.

7.  On 18 March 1971, the applicant was honorably released from active duty
(REFRAD), by reason of expiration of term of service.  The DD Form 214 he
was issued at the time confirms that he completed a total of 2 years of
active military service.  Item 24 (Decorations, Medals, Badges,
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows
that he earned National Defense Service Medal, Combat Infantryman Badge,
Army Commendation Medal (2), Vietnam Service Medal (VSM); RVN Campaign
Medal with 60 Device and Sharpshooter Qualification Badge with Rifle Bar.

8.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This
search failed to reveal the applicant’s name among this official list of
RVN battle casualties.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that the PH is awarded to any member who has been wounded or killed
in action. A wound is defined as an injury to any part of the body from an
outside force or agent sustained under conditions defined by this
regulation.  In order to support awarding a member the PH, it is necessary
to establish that the wound, for which the award is being made, required
treatment by a medical officer.  Records of medical treatment for the wound
must support this treatment or injury received in action, and must have
been made a matter of official record.

10.  Paragraph 2-13 of the awards regulation contains guidance on award of
the VSM and it states, in pertinent part, that a bronze service star is
authorized with this award for each campaign a member is credited with
participating in while serving in the RVN.  Table B-1 contains a list of
campaigns and it
shows that during the applicant’s tenure of assignment in the RVN, he was
credited with participating in the following four campaigns:  Vietnam
Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive
1970 and Vietnam Counteroffensive Phase VII.
11.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
normal qualifying period is 3 years; however, for the first award only,
upon termination of service on or after 27 June 1950, a period of more than
one but less than 3 years is a qualifying period.   Although there is no
automatic entitlement to the AGCM, disqualification must be justified.

12.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was carefully
considered.  However, by regulation, in order to award the PH it is
necessary to establish that a soldier was wounded as a result of enemy
action, that the wound required treatment by a medical officer, and that
the record of medical treatment was made a matter of official record.

2.  The applicant’s provides no confirmation that he was ever wounded or in
action or recommended for or awarded the PH.  Further, there is no record
of the surgery for shrapnel removal referred to by the applicant or that
the shrapnel wound was the direct result of or caused by enemy action.

3.  Further, Item 40 of the applicant’s DA Form 20 is blank and his name is
not included on the Vietnam Casualty Roster, which would indicate he was
never wounded/injured in action.  Lacking any evidence of record to
corroborate his claim of entitlement to the PH, the regulatory burden of
proof necessary to support award of the PH has not been satisfied in this
case.

4.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award the applicant the first award of the AGCM, for his qualifying
period of honorable active duty service 19 March 1969 through 18 March
1971.
5.  The record also confirms that based on his RVN service and campaign
participation, the applicant is entitled to the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and 4 bronze service stars with
his VSM.  It would also be appropriate to add these awards to his record at
this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_JEA      _  _DJ ____  _RJW___  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 awarding him the first
award of the Army Good Conduct Medal; by showing he is entitled to the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and 4 bronze
service stars with his Vietnam Service Medal; and by providing him a
corrected separation document that includes these awards.

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.




            _JAMES E. ANDERHOLM ___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103960                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/10/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/03/18                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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