RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050001636


      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. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 his record be corrected to show award of
the Purple Heart (PH) and that he be provided a DD Form 215 (Correction to
DD Form 214) showing the award.

2.  The applicant states in a 24 January 2005 letter that he was wounded
while serving with the 173rd Airborne Brigade in support of the 1st
Infantry Division.  In late March or early April 1967, he was moving out of
the "Iron Triangle" area following combat operations.  He was in a convoy,
riding in a truck and manning an M-60 machinegun.  His truck was following
an armored personnel carrier (APC).  The APC was struck by a rocket
propelled grenade (RPG) which blew the door off.  Seconds later, his truck
was hit by an RPG and he was blown off the truck, receiving shrapnel wounds
and burns to his face, right forearm, and neck.  Several of his teeth were
also loosened.  At the time of the incident, he was treated by medical
personnel from another brigade and upon arrival at the new location,
different medical personnel treated him; however, the treatment was never
recorded.  He adds he is not seeking compensation for his wounds; he is
already receiving compensation due to having post-traumatic stress disorder
(PTSD).  He desires the honor of wearing the PH, which he feels he
deserves.

3.  The applicant provides in support of his request:

      a.  An eyewitness statement, dated 11 June 2003.

      b.  Radiology Report, dated 7 August 2003.

      c.  Health Summary, dated 27 October 2003, which shows he has been
diagnosed as suffering from PTSD.

CONSIDERATION OF EVIDENCE:

1.  On 29 August 1966, the applicant enlisted in the Regular Army for 3
years.  He completed the training requirements and he was awarded military
occupational specialty (MOS) 94B (Cook).  He also completed the basic
airborne course and was awarded the parachutist badge.

2.  On 5 March 1967, he was assigned to Vietnam with duties in his MOS.  On

8 March 1967, he was further assigned to the 173rd Engineer Company, 173rd
Airborne Brigade and he served with this unit until he left Vietnam on 4
October 1968 and returned to Fort Bragg, North Carolina.

3.  The available medical record contains an SF Form 88 (Report of Medical
Examination), dated 29 May 1969, that was completed at the time of the
applicant's separation.  It shows in item 39 (identifying body scars) the
entry "right forearm."  In item 40 (skin), it shows the entry "1st degree
sunburn of the thorax and abd" (chest and abdomen).

4.  On 20 June 1969, the applicant was honorably separated from active
duty.  His DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) shows he was awarded the National Defense Service
Medal, Vietnam Service Medal (VSM), Vietnam Campaign Medal, and the
Parachutist Badge.
It does not show the PH as an authorized award and the applicant's name
does not appear on the Vietnam Casualty List, a compilation of all
casualties during the Vietnam War.

5.  The eyewitness statement indicates the witness was traveling in the
third vehicle behind the applicant's and that an APC was hit and a
substantial number of personnel were wounded and or killed.  Being that the
incident occurred more than 30 years ago, the witness does not remember the
exact date.  He states the applicant sustained shrapnel wounds to the face,
arms, and hands and he saw medical personnel attending to the applicant's
wounds after the ambush ended.  The eyewitness also states that he had been
in Vietnam approximately 8 months when the incident occurred.  Therefore,
he believes the incident occurred in 1967 in conjunction with "Operation
Junction City."

6.  On 4 November 2002, the Case Management Support Division (CMSD), St.
Louis, Missouri provided the applicant a DD Form 215 to show the VSM was
deleted from his DD Form 214 and the following awards were added:  The VSM
with 1 silver service star, Bronze Star Medal, Meritorious Unit
Commendation, Vietnam Gallantry Cross Unit Citation with Palm, Expert
Qualification Badge with Rifle Bar, Presidential Unit Citation, and the
Good Conduct Medal (GCMDL).  His DD Form 214 was also corrected to show he
served in Vietnam from 5 March 1967 to 4 October 1968.

7.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the
Army criteria, policy, and instructions concerning individual military
awards, the GCMDL, service medals and service ribbons, combat and special
skill badges and tabs, unit decorations, and trophies and similar devices
awarded in recognition of accomplishments.  It provides, in pertinent part,
the PH is awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that:  (1) the wound was
the result of hostile action; (2) the
wound required medical treatment; and (3) the medical treatment was made a
matter of official record.  This regulation also provides that there is no
statute of limitations on requests for award of the PH.

8.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Oversea Service Bar (OSB).  In pertinent part, it provides that a
bar is authorized for wear for each period of active Federal service as a
member of the U.S. Army outside of the continental limits of the United
States.  There are special provisions regarding authorization for the OSB
for service in a hostile fire zone and for combining service to calculate
award of the bars.  For Vietnam service, one overseas service bar is
authorized for each period of 6 months active Federal service as a member
of a U.S. Service in Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and the month of departure from
Vietnam are counted as a whole months for credit toward the overseas
service bar.  The applicant is authorized award of three OSB's for his
service from
5 March 1967 to 4 October 1968.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the PH, the applicant would have to show that he was
wounded and that:  (1) the wound was the result of hostile action; (2) the
wound required medical treatment; and (3) the medical treatment was made a
matter of official record.

2.  The available medical records were considered and there is no evidence
in them to show the applicant was injured as a result of hostile fire.
Also, his name does not appear on the Vietnam Casualty List.

3.  The eyewitness statement provided by the applicant is not sufficient
evidence to show he was wounded.  Neither is it sufficient to establish a
treatment record.  Both the applicant's statement and the eyewitness
statement merely relate a telling of events and do not provide proof that
the applicant was actually wounded in action while serving in Vietnam.

4.  The applicant is authorized award of three OSB's to represent his
overseas service from 5 March 1967 to 4 October 1968.

5.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the CMSD, St. Louis, Missouri, 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

__wdp___  __tmr___  __rjf___  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 to show award of three OSB's.



                                        William D. Powers
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001636                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0079                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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