RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        DECEMBER 16, 2004
      DOCKET NUMBER:  AR2004106468


      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:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Ms. Maribeth B. Love              |     |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, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was wounded on the top of his
left foot on 22 November 1966.  He was sent to Japan in December 1966 and
was in the hospital for 4 months.  He was reclassified and was stationed at
the base post office in Japan until October 1967 when he was discharged at
Oakland, California.  He further states that he has never received the
Purple Heart and that it was not added to his DD Form 214, Armed Forces of
the United States, Report of Transfer or Discharge, when he was separated.

3.  The applicant provides, a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows that he was inducted into the
Army of the United States on 2 November 1965.  He completed his basic
combat training at Fort Polk, Louisiana, and his advanced individual
training at Fort Carson, Colorado.  After completing all required training,
he was awarded the military occupational specialty (MOS), 11B (Light
Weapons Infantryman).

2.  The applicant was assigned to Company A, 5th Battalion, 7th Cavalry
Regiment, 5th Infantry Division, Fort Carson, Colorado.  The applicant was
reassigned to Vietnam with his unit as part of a unit PCS (permanent change
of station).  He arrived there on 2 August 1966 and served in Vietnam until
10 January 1967 when he was medically evacuated to Japan for medical
treatment.  On completion of his treatment, on 18 April 1967, the applicant
was assigned to the U.S. Army Base Post Office in Japan.

3.  The applicant was released from active duty on 20 October 1967, under
the provisions of Army Regulation (AR) 635-200, Early Separation of
Overseas Returnee, in the rank and pay grade of Specialist Four, E-4, with
1 year, 11 months, and 17 days active military service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded the National Defense Service Medal and the Vietnam Service Medal.
The Purple Heart is not shown among his awards.
5.  The applicant's name does not appear on the Vietnam Casualty List.

6.  There are no orders in the applicant's service personnel records
awarding him the Purple Heart.

7.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing the Purple
Heart was awarded to him.  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 bronze service star to which the
applicant is entitled for his campaign participation.

9.  While in Vietnam, the applicant participated in one campaign:  the
Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through
31 May 1967.

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.  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,
Company A, 5th Battalion, 7th Cavalry Regiment, 5th Infantry Division, was
awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period 9 August 1965 through 19 May 1969, by Department of the Army
General Orders (DAGO) 59, dated 1969.

12.  In an earlier application to the Board which was returned without
action, the applicant stated that he, in effect, had been medically
evacuated from Vietnam due to an injury from a pungi stick and that he was
suffering from mental fatigue.

13.  The applicant was medically evacuated from Vietnam and was assigned to
the 249th General Hospital by Special Orders 12, paragraph 25, published by
Headquarters, U. S. Army Vietnam, dated 12 January 1967

14.  A DA Form 8-274, Medical Condition – Physical Profile Record, dated
21 March 1967, shows in item 6 (Individual Has The Defects Listed Below):
"Individual is recuperating from acute emotional disturbance characterized
by withdrawal, apathy, functional incapacity.  (Psychoneurotic depressive
reaction).

15.  Section C of the DA Form 8-274, assigned the applicant the following
major assignment restrictions:  "1.  No combat area assignment; and 2.  No
assignment to area where psychiatric outpatient treatment is not
available."

16.  The applicant was reclassified to the MOS 71F (Postal Clerk) from the
MOS 11B on 12 April 1967 due to the profile and the assignment restrictions
that were imposed.

17.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar [M-14 Rifle] in paragraph 14, Special Orders 4,
published by Headquarters, 5th Infantry Division (Mechanized) and Fort
Carson, Fort Carson, Colorado, on 4 January 1966.

18.  The applicant was awarded the Expert Marksmanship Qualification Badge
with Machinegun Bar [M-60 Machinegun] in paragraph 32, Special Orders 118,
published by Headquarters, 5th Infantry Division (Mechanized) and Fort
Carson, Fort Carson, Colorado, on 28 April 1966.

19.  The applicant was awarded the Expert Marksmanship Qualification Badge
with Automatic Rifle Bar [M-16 Rifle] in paragraph 19, Special Orders 210,
published by Headquarters, 5th Infantry Division (Mechanized) and Fort
Carson, Fort Carson, Colorado, on 29 July 1966.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was wounded in action while he
served in Vietnam, that the wound required medical treatment, and that the
treatment was made a matter of official record.

2.  The evidence does show that the applicant was medically evacuated from
Vietnam to Japan, that he received medical treatment for an acute emotional
disturbance, and that assignment restrictions were placed on the applicant
resulting in his being reclassified from the MOS 11B to the MOS 71F.
3.  Based on the available evidence the applicant is not entitled to award
of the Purple Heart and to have it added to his DD Form 214.

4.  The applicant participated in one campaign during his tour of duty in
Vietnam. He is therefore entitled to award of one bronze service star to be
affixed to his already-awarded Vietnam Service Medal and to have it shown
on his separation document.

5.  The applicant served in a unit, Company A, 5th Battalion, 7th Cavalry
Regiment, 5th Infantry Division, which was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, at the time the applicant was a
member of the unit.  He is therefore entitled to this unit award and to
have it added to his separation document.

6.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar; the Expert Marksmanship Qualification Badge with
Machinegun Bar; and the Expert Marksmanship Qualification Badge with
Automatic Rifle Bar.  These marksmanship qualification badges are not shown
on the applicant's DD Form 214.  It would be appropriate to add them to his
separation document at this time.

7.  Evidence shows that the applicant’s records contain administrative
error that 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

ym_____  rjw  _____  mbl _____  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.  awarding the applicant one bronze service star to be affixed to
his Vietnam Service Medal, to denote his participation in one campaign
while he served in Vietnam, to be shown on his DD Form 214 as the Vietnam
Service Medal, with one bronze service star;


      b.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214;
and

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







                                  _   _Yolanda Maldonado_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106468                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041216                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  65                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]