RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANU7ARY 27, 2005
      DOCKET NUMBER:  AR2004106157


      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. Raymond J. Wagner             |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Ms. Brenda K. Koch                |     |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 his records do not reflect that a
mortar round wounded him in 1968 while he served in Vietnam.  He believed
that award of the Purple Heart would be automatic but he has never been
granted the award.

3.  The applicant provided no documentary evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he was inducted into the Army of the
United States on 5 September 1967.  Following completion of basic combat
training at Fort Campbell, Kentucky, and advanced individual training at
Fort Sill, Oklahoma, he was awarded the military occupational specialty
(MOS) 13A, Field Artillery Basic.

2.  The applicant was assigned to Vietnam and he arrived there on 2 March
1968.  He was assigned to Battery A, 6th Howitzer Battalion, 15th Artillery
Regiment, 1st Infantry Division.  The applicant served in Vietnam until 7
April 1969 when he was returned to the United States for release from
active duty.

3.  The applicant was honorably released from active duty on 8 April 1969,
under the provisions of Army Regulation (AR) 635-200, Chapter 5, Section
VII, Early Release of Overseas Returnees, in the rank and pay grade of
Specialist Four,
E-4, with 1 year, 7 months, and 3 days active military service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge, shows he
was awarded:  the National Defense Service Medal, the Vietnam Service
Medal, and the Republic of Vietnam Campaign Medal.  The Purple Heart is not
shown.

5.  The applicant was awarded the Good Conduct Medal for the period
5 September 1967 through 8 April 1969 in paragraph 1, Special Orders 38,
published by Headquarters, 23rd Artillery Group, on 18 March 1969.  This
award is not shown on the applicant's DD Form 214.
6.  The applicant's name does not appear on the Vietnam Casualty List.

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

8.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the service stars to which he is entitled
for his campaign participation.

9.  The applicant participated in the following five campaigns, during his
tour of duty in Vietnam:  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.

10.  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.

11.  Department of the Army 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, during his service in Vietnam, Battery A, 6th
Howitzer Battalion, 15th Artillery Regiment, 1st Infantry Division, was
awarded the Meritorious Unit Commendation for the period 1 January 1968
through 31 January 1969, by Department of the Army General Orders (DAGO)
Number 36, dated 1970; the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, for the period 12 July 1965 through 16 October 1968, by DAGO
Number 21, dated 1969; and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, for the period 1 May 1967 through 21
November 1069, by DAGO 51, dated 1971.  These unit awards are not shown on
his DD Form 214.
12.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

13.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], in paragraph 44, Special Orders 256,
published by Headquarters, US Army Training Center, Fort Campbell,
Kentucky, on 24 October 1967.

14.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar [M-16 Rifle], in paragraph 14, Special Orders 28,
published by Headquarters, US Army Training Center, Field Artillery, Fort
Sill, Oklahoma, on 1 February 1968.

DISCUSSION AND CONCLUSIONS:

1.  The evidence does not support the applicant's assertion that he was
wounded in combat in Vietnam.

2.  The applicant's name does not appear on the Vietnam Casualty List, the
applicant has not provided any documentary evidence that he was wounded in
action, and there are no entries on his enlisted qualification record to
indicate that he was wounded in action.

3.  Based on the available evidence, there is no basis upon which to base
award of the Purple Heart and its addition to his DD Form 214.

4.  The applicant was awarded the Good Conduct Medal for the period
5 September 1967 through 8 April 1969.  This award was omitted from his
DD Form 214 when he was released from active duty.  It would be appropriate
to add this award to his DD Form 214 at this time.

5.  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.
6.  During his tour of duty in Vietnam, the applicant served in a unit that
was awarded the Meritorious Unit Commendation; the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam
Honor Medal, First Class, Unit Citation.  These unit awards are not shown
on his DD Form 214.  He is entitled to these unit awards and to have them
added to his DD Form 214.

7.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar; and Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar.  These marksmanship qualification badges were
omitted from his DD Form 214 when he was released from active duty.  It
would be appropriate to add these marksmanship badges to his DD Form 214 at
this time.

8.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore, the Case
Management Support Division (CMSD), St. Louis, Missouri, will accomplish
administrative correction of the applicant's records 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

elp _____  bkk   ____  rjw _____  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 by:

      a.  adding the already-awarded Good Conduct Medal to the applicant's
DD Form 214;

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

      c.  awarding the applicant one silver service star, to be affixed to
his already-awarded Vietnam Service Medal, to correctly denote his campaign
participation credit and, to add this service star to his DD Form 214; and

      d.  adding the already-awarded Expert Marksmanship Qualification
Badge, with Automatic Rifle Bar; and the Sharpshooter Marksmanship
Qualification Badge, with Rifle Bar, to the applicant's DD Form 214.





                            ______________________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004106157                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050129                                |
|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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