RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           25 January 2005
      DOCKET NUMBER:  AR2004106655


      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:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 on 15 November 1969, while
engaged in conflict with the enemy in the Republic of Vietnam (RVN), he
received shrapnel wounds to the left side of his neck and the base of his
skull approximately one inch behind the left ear.

3.  The applicant provides the following documents in support of his
application:  Separation Physical Examination (SF 88) and Department of
Veterans Affairs (VA) Medical Evaluation and Treatment Records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 3 November 1970.  The application submitted in this case
is dated 30 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’s record shows he was inducted into the Army and entered
active duty on 3 April 1969.  He was trained in, awarded and served in
military occupational specialty (MOS) 11B (Infantryman) and the highest
rank he attained while serving on active duty was specialist four (SP4).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 7 September 1969 through 31 October 1970.  During
his RVN tour, he was assigned to Company A, 2nd Battalion, 1st Infantry,
196th Infantry Brigade from 23 September 1969 through 6 March 1970 and
Headquarters and Headquarters Company (HHC), Americal Division from
7 March through 31 October 1970.
5.  Item 40 (Wounds) of the applicant’s DA Form 20 contains an entry that
indicates he received a fragmentation wound to the neck on 15 November
1969.

6.  On 3 November 1970, the applicant underwent a separation medical
examination.  The SF 88 documenting this examination contains the comment
shrapnel-head in Item 74 (Summary of Defects).

7.  On 3 November 1970, the applicant was honorably separated after
completing 1 year, 7 months and 1 day of active military service.  The
separation document (DD Form 214) he was issued at the time confirms he
earned the following awards during his active duty tenure:  National
Defense Service Medal, RVN Campaign Medal, Vietnam Service Medal, Army
Commendation Medal, Army Good Conduct Medal, Bronze Star Medal, Combat
Infantryman Badge and Expert Qualification Badge with Rifle Bar.

8.  The applicant provides a physical examination clinical record (SF 506),
dated 28 December 1970, that was completed by a VA medical doctor.  This
document indicates that a physical examination confirmed two shrapnel
wounds in the area of the base of the skull.  He also provides a VA rating
decision, dated 24 May 1971.  This decision established service connection
and granted a 10 percent disability rating for the residuals of shrapnel
fragmentation wounds to the back of the neck.

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.  This treatment must be supported by
records of medical treatment for the wound 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 Vietnam Service Medal 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
Vietnam Summer-Fall, Vietnam Winter-Spring, Sanctuary Counteroffensive and
Vietnam Counteroffensive Phase VII campaigns.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (2nd Battalion, 1st Infantry,
196th Infantry Brigade) earned the RVN Gallantry Cross with Palm Unit
Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was carefully considered
and found to have merit.  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 evidence of record in this case includes an entry in Item 40 of the
applicant’s DA Form 20 that shows he received a fragmentation wound to the
neck on 15 November 1969, while serving in the RVN.  This entry is
corroborated by medical evidence that includes an entry in the summary of
defects portion of the applicant’s separation physical examination, which
indicates he had a shrapnel wound in the head and by medical treatment
records from the VA, which confirm service connection and a disability
rating was granted for shrapnel fragmentation wounds to the neck and head.
As a result, it is concluded the regulatory burden of proof necessary to
support award of the PH has been satisfied in this case.

3.  The record also shows that based on his service and campaign
participation in the RVN, the applicant is entitled to the RVN Gallantry
Cross with Palm Unit Citation and 4 bronze service stars with his Vietnam
Service Medal.  Therefore,
it would also be appropriate to add these awards to his record.
BOARD VOTE:

___LMD_  ________  __JEA______  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  __KAN______  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 Purple Heart, for
being wounded in action on 15 November 1969, while serving as a private
first class in the RVN; by showing that based on his service and campaign
participation in the RVN, he is entitled to the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and
4 bronze service stars with his Vietnam Service; and by providing him a
corrected separation document that includes these awards.




            ____Kathleen A. Newman____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004106655                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/01/25                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/11/03                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS)                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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