RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 JANUARY 2005
      DOCKET NUMBER:  AR2004106276


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 that the award of the Purple Heart and the
schools that he completed be reflected on his DD Form 214 (Report of
Transfer or Discharge).

2.  The applicant states that he was injured in combat and treated by
Vietnamese personnel, a medical person, and later at the 1st Infantry
Division at Phu Loi.  He went to Vietnam in 1966 and was in Advisory Team
#70.  In September 1966 his lead tank hit a land mine and his crew were all
killed or wounded.  He was treated by Vietnamese medical personnel.  He had
a back injury, loss of hearing, concussion, and small shrapnel injuries.
He received the wound medal from the Vietnamese and was assured that he
would also get the Purple Heart.  He has tried for 30 years to get his
record corrected.  Also, his schools and special training that he completed
were never entered on his DD Form 214.

3.  The applicant provides a copy of his 27 September 1967 DD Form 214,
copies of his honorable discharge certificates, a copy of a 1960 letter to
the applicant's parents from his platoon sergeant, and a copy of a
newspaper article.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 September 1970.  The application submitted in this
case is dated 20 March 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 enlisted in the Army for 3 years on 20 September 1960,
trained as an armor crewman, and in April 1961 was assigned to a
reconnaissance squadron in Germany.  He reenlisted in the Army for 6 years
on 28 September 1961, completed his tour in Germany, and in April 1964 was
assigned to Fort Hood, Texas as a tank commander.  In October 1965 he was
assigned to Fort Sill, Oklahoma.  The applicant attained the rank of
sergeant in 1962, qualified as an expert with the pistol and submachine
gun, a sharpshooter with tank weapons, and a marksman with the rifle.  He
was also awarded a 1-year safe driver badge.

4.  In June 1966 he was assigned as an armor advisor with Advisory Team #70
of the III Corps Advisory Group assigned to the United States Military
Assistance Command, Vietnam (USMACV).  He was promoted to staff sergeant in
September 1966.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that
he was hospitalized while in Vietnam.  There is no entry contained in Item
40 (Wounds) of his DA Form 20.  That form does not show award of the Purple
Heart.

6.  On 20 November 1966 USMACV published orders granting him compassionate
leave to the United States.  On 23 December 1966 Ehrling Bergquist United
States Air Force Hospital at Offutt Air Force Base in Nebraska published
orders placing the applicant on temporary duty for approximately       89
days to Fitzsimons General Hospital in Denver, Colorado for further
hospitalization and treatment.  In March 1967 the applicant was discharged
from Fitzsimons and assigned to Fort Hood.  He was discharged at Fort Hood
on his ETS (expiration of term of service) on 27 September 1967.  His DD
Form 214 shows that he was awarded the 1-year Safe Driver Badge, the Combat
Infantryman Badge, the Vietnam Service Medal with one bronze service star,
the National Defense Service Medal, the Republic of Vietnam Campaign Medal,
the Expert Marksmanship Badge with pistol bar, the Sharpshooter
Marksmanship Badge (105mm gun), and two awards of the Good Conduct Medal.
It does not show award of the Purple Heart.  His DD Form 214 shows that the
applicant completed training as a tank commander, and completed high school
through the GED (General Educational Development) program.  The applicant
signed his    DD Form 214 attesting to its accuracy.

7.  On 11 August 1969 the applicant reenlisted in the Army for 3 years.  He
was assigned to Germany with the 2nd Armored Cavalry Regiment.  He returned
to the United States in January 1970 and was a patient at Fitzimons General
Hospital in Denver.  Although records are unavailable, the applicant
apparently was determined to be physically unfit for duty by a Physical
Evaluation Board.  On 28 September 1970 he was placed on the TDRL
(temporary disability retired list).  He was removed from the TDRL and
discharged on 30 November 1972 with a 10 percent disability rating.

8.  The applicant's DA Form 20, prepared and completed subsequent to his
  11 August 1969 enlistment, contains a pencil entry in item 40 (wounds),
"Shrapnel wound on right index finger, concussion, 4 Sep 66."

9.  The applicant's records contain no other evidence concerning any
injuries or any medical documents, to include the medical proceedings which
resulted in his placement on the TDRL and his disability discharge.  The
applicant's records contain no schools or training completed that require
any additional entries on his DD Form 214.

10.  In February 1980 the Department of Veterans Affairs (VA) Regional
Office in Des Moines, Iowa requested the applicant's medical records
because of his claim of exposure to Agent Orange.

11.  On 11 December 1986 the applicant requested that a search of his
records be made to determine the awards due him.  A document indicated that
the results were negative for award of the Purple Heart.

12.  In response to an inquiry from a Member of Congress (MC), a search was
made to determine if the applicant was awarded the Bronze Star Medal and
the Purple Heart.  The response to the MC is unavailable; however, a draft
reply dated 26 May 1987 indicated that a review of the applicant's records
failed to identify orders showing award of the Bronze Star Medal, and that
a review of his military and medical records and a search of the
organizational records of Army Advisory Group III Corps failed to show that
he was wounded as a result of enemy action.  Included in that review was a
search of the morning reports of that advisory group.

13.  The historical files of the Advisory Team #70 were reviewed at the
National Archives in College Park, Maryland.  The review failed to show
that the applicant was entitled to award of the Purple Heart.

14.  The Vietnam Casualty Roster maintained at this agency fails to
indicate that the applicant was wounded in action.

15.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for
a wound sustained as a result of hostile action. Substantiating evidence
must be provided to verify that the wound was the result of hostile action,
the wound must have required treatment, and the medical treatment must have
been made a matter of official record.

16.  The Unit Citation and Campaign Participation Credit Register shows
that the United States Military Assistance Command Vietnam was awarded the
Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross
Unit Citation with Palm for its actions during the period of time that the
applicant was assigned to that organization.

17.  Army Regulation 635-5, then in effect, provides instructions for the
preparation of the DD Form 214, and states in pertinent part that all
decorations, service medals, campaign credits, and badges awarded or
authorized will be entered in item 24 of that form.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the applicant's contentions and the evidence showing
that he was indeed hospitalized in Vietnam and subsequent to his departure
from Vietnam, the evidence is not there to show that he was wounded as a
result of enemy action.  His military and medical records, organizational
records, to include morning reports, historical files, and the Vietnam
casualty roster do not show that he was wounded.  The pencil entry on his
DA Form 20, prepared after his enlistment in 1969, is not sufficient to
verify that he was wounded in action.  There is no tangible substantiating
evidence to support his contentions.  Consequently, there is insufficient
evidence to show that he was wounded in action.  Therefore, he is not
entitled to award of the Purple Heart.

2.  There is no evidence concerning schools or training that he completed
that require entries on his DD Form 214.  Consequently, there is no need to
further address this matter.

3.  The applicant was awarded the 1-year Safe Driver Badge, Combat
Infantryman Badge, Vietnam Service Medal with one bronze service star,
National Defense Service Medal, Republic of Vietnam Campaign Medal,
Sharpshooter Marksmanship Qualification Badge (105mm gun), Expert
Marksmanship Qualification Badge with pistol bar, and two awards of the
Army Good Conduct Medal.  These awards are reflected on his 27 September
1967 DD Form 214.  He was also awarded Expert Marksmanship Badge with
submachine gun bar and the Marksman Marksmanship Badge with rifle bar.  He
is entitled to award of the Meritorious Unit Commendation and the Republic
of
Vietnam Gallantry Cross Unit Citation with Palm.  All of these awards
should be shown on his 28 September 1970 DD Form 214, his latest separation
document.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LS  __  __JM ___  ___CK __  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 showing award of the 1-
year Safe Driver Badge, Combat Infantryman Badge, Vietnam Service Medal
with one bronze service star, National Defense Service Medal, Republic of
Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge
(105mm gun), Expert Marksmanship Qualification Badge with pistol bar and
submachine gun bar,  Marksman Marksmanship Badge with rifle bar, two awards
of the Army Good Conduct Medal, the Meritorious Unit Commendation, and the
Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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.




                            _____ Linda Simmons_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106276                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050111                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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