RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           4 August 2005
      DOCKET NUMBER:  AR20050001215


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. LaVerne 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 correction of his military records to show award
of the Purple Heart.

2.  The applicant states that he was shot in the neck by enemy fire in
Vietnam.  He contends that the Army was negligent in recording the event
and that the Army will remain negligent until his records are corrected.

3.  The applicant provides a letter, dated 31 August 2004, from his
civilian counsel; three eyewitness statements; a letter, dated 24 January
2005, from the National Personnel Records Center, St. Louis, Missouri; and
a copy of his DD Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 April 1971.  The application submitted in this case is dated
27 September 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 was inducted on 15 September 1969.  He arrived in Vietnam
on 19 February 1970 and served as a light weapons infantryman assigned to
Company A, 1st Battalion, 52nd Infantry of the 198th Infantry Brigade from
13 March 1970 to 13 April 1971.  On 19 April 1971, the applicant was
released from active duty in the rank of specialist four after completing 1
year, 7 months, and 5 days of creditable active service with no time lost.


4.  The applicant's DD Form 214 shows the National Defense Service Medal,
the Bronze Star Medal, the Vietnam Campaign Medal, the Combat Infantryman
Badge, the Army Commendation Medal with First Oak Leaf Cluster, the
Marksman Marksmanship Qualification Badge with Rifle Bar, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized
awards.


5.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

7.  The applicant underwent a separation physical examination on 19 April
1971 which makes no mention of any injuries or wounds received as a result
of hostile action.  Item 18 (Head, Face, Neck and Scalp) on his Standard
Form 88 (Report of Medical Examination) shows these areas were rated as
normal.  Also, item 73 (Notes) on this medical record shows the applicant
reported “Since my last phys.[physical] my condition hasn’t changed.  My
condition is good.  Medical records reviewed.”

8.  Morning Reports show the applicant was hospitalized from 13 October
1970 to 26 October 1970.  His service medical records are not available.

9.  The applicant provides an eyewitness statement, dated 4 February 2004,
from his third platoon leader at the time in question.  He attests that the
applicant suffered a neck wound (bullet grazed his neck) from sniper fire
in late September 1970 in Vietnam.  He also attests that the wound was
treated by a medic on the spot.

10.  The applicant provides an eyewitness statement, dated 10 February
2004, from a fellow Soldier at the time in question.  He attests that the
applicant was wounded in the neck by sniper fire in late September 1970,
that a medic treated the applicant’s wound, and that subsequently the
applicant’s wound became infected and he was transferred to Chu Lai for
further treatment.

11.  The applicant also provides an eyewitness statement, dated 31 August
2004, from a fellow Soldier at the time in question.  He attests that the
applicant was wounded in the neck during a firefight in late September 1970
in Vietnam, that a medic treated the applicant’s neck wound, and that
subsequently the applicant’s wound became infected and he was transferred
to a hospital in Chu Lai for further treatment.  He also attests that he
recently reviewed Daily Staff Journals for their unit and he did not find a
record of the event.

12.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.

13.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the applicant's unit is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 42, dated 1972.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, 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.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.

17.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

18.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records which shows that the
applicant was wounded or injured as a result of hostile action in Vietnam.
The Morning Reports do not indicate why the applicant was hospitalized.  In
the absence of medical records which might explain he was hospitalized as a
result of enemy action, the statements from fellow Soldiers at the time in
question provided by the applicant are not sufficient as a basis for an
award of the Purple Heart.  Regrettably, there is insufficient evidence on
which to base award of the Purple Heart in this case.

2.  The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.

3.  The applicant was separated in the rank of specialist four with over 18
months of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 15 September 1969 through 19 April
1971 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

4.   The applicant's unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation while he was assigned to it.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JA_____  RD______  LD______  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:

      a.  awarding him the first award of the Good Conduct Medal for the
period 15 September 1969 through 19 April 1971; and


      b.  amending his DD Form 214 to add the Good Conduct Medal and to show
that he was awarded the Vietnam Service Medal with three bronze service
stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 Anderholm_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050001215                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050804                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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