RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          17 November 2005
      DOCKET NUMBER:  AR20050002477


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 he be awarded three awards of the Purple
Heart (PH w/2OLC).

2.  The applicant states, in effect, that he was injured in combat in
Vietnam on 27 November 1967 during “Operation Wheeler”, when he received
shrapnel wounds to his lip, face and right ear.  He goes on to state that
he was also wounded on 25 February 1968 when his knee was injured by a
detonated land mine and on 25 April 1968 when he injured his left knee
again.

3.  The applicant provides a letter from his company commander in Vietnam
dated 22 October 1993, indicating that the applicant was wounded twice in
Vietnam and that he was hospitalized for a short time.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 April 1968.  The application submitted in this case is dated
4 January 2005 and was received on 15 February 2005.

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.  He was inducted in Detroit, Michigan, on 3 May 1966 and at the time of
his induction, his report of medical examination indicated that he had a
scar on his head.  He completed his basic combat training at Fort Knox,
Kentucky before being transferred to Fort Lee, Virginia, to undergo his
advanced individual training (AIT).  He completed his AIT and was
transferred to Fort Benning, Georgia where he successfully completed
airborne training and was transferred to Fort Bragg, North Carolina, for
duty as a petroleum storage specialist.

4.  He was advanced to the pay grade of E-3 on 16 November 1966 and was
transferred to Vietnam on 22 June 1967, where he was assigned to Company C,
501st Supply Brigade for duty as a petroleum supply specialist.


5.  On 4 November 1967, he was transferred to Company C, 1st Battalion,
327th Infantry Regiment for duty as a rifleman.

6.  He was advanced to the pay grade of E-4 on 1 April 1968 and departed
Vietnam on 23 April 1968 for transfer to Fort Lewis, Washington, for
separation processing.  He underwent a medical physical examination and his
Standard Form 88 indicates that he had scars on both legs.  The reviewing
physician indicated in his summary that the applicant was in good health,
that he had malaria one time in Vietnam and that he had frag wounds to both
legs.  The applicant was cleared for separation.

7.  On 25 April 1968, he was honorably released from active duty (REFRAD)
as an overseas returnee.  He had served 1 year, 11 months and 23 days of
total active service and his DD Form 214 issued at the time of his REFRAD
indicates that he was awarded the National Defense Service Medal, the
Parachutist Badge and the Vietnam Service Medal (VSM).

8.  On 7 July 1968, orders were published by the applicant’s unit in
Vietnam awarding him the Bronze star Medal with “V” Device (BSM w/”V”
Device) for heroism in ground combat against a hostile force in Vietnam on
25 February 1968, while serving as a radio-telephone operator.  That award
was never added to his records.

9.  A review of the available records which included the results of records
searches conducted in 1970 and in 1995 of medical records, hospital/aid
station admission and treatment records and unit morning reports fail to
document that the applicant was treated for any of the injuries he asserts
qualifies him for award of the Purple Heart.  His medical records did
reveal that he was treated for sores on his legs in January 1968 and
“Jungle Rot” in February 1968.

10.  His records do show that he had excellent conduct and efficiency
ratings throughout his service and is void of any derogatory information
that would serve to disqualify him for award of the Good Conduct Medal
(GCMDL).

11.  His record also contains a letter from his commander in Vietnam at the
time which is dated 23 June 1970 and indicates that he recalls the
applicant receiving light shrapnel wounds in Vietnam in December 1967 and
that he recommended him for award of the Purple Heart.  He further
indicated that the applicant received another line-of-duty wound to the
face that was not as a result of enemy conduct.

12.  Army Regulation 600-8-22 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 a
result of hostile action, that the wound must have required treatment by a
medical officer, and that 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 Purple Heart.

13.  Army Regulation 672-5-1, in effect at the time, established the
criteria for award of the Army Good Conduct Medal (GCMDL).  It states, in
pertinent part, that the GCMDL was established by Executive Order 8809, 28
June 1941 and was amended by Executive Order 9323, 1943 and by Executive
Order 10444, 10 April 1953 and is awarded for exemplary behavior,
efficiency, and fidelity in active Federal military service.  The
regulation also states, in pertinent part, that for first award only, upon
termination of service on or after 27 June 1950, a period of service of
less than 3 years but more than 1 year qualifies for award of the GCMDL.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Republic of Vietnam Campaign Medal (RVNCM).  This
medal was awarded by the Government of Vietnam to all members of the Armed
Forces of the United States for qualifying service in Vietnam during the
period 1 March 1961 through 28 March 1973.  Qualifying service included
assignment in Vietnam for 6 months or more.  Qualifying service outside the
geographical limits of the Republic of Vietnam required the individual to
provide direct combat support to the Republic of Vietnam and Armed Forces.


15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal
– First Class (RVNCAHM-FC) Unit Citation.  He also participated in three
campaigns while assigned to Vietnam and thus is entitled to be awarded
three bronze service stars for wear on his already awarded VSM.



DISCUSSION AND CONCLUSIONS:

1.  While the applicant contends that he is entitled to be awarded three
awards of the Purple Heart, there is not enough evidence to establish with
any degree of certainty, entitlement to even one award of the Purple Heart.

2.  Although a reference was made at the time of his REFRAD to “Frag wounds
on both legs”, it does not establish a date of injury, the circumstances
surrounding the injury or medical treatment for the wounds.

3.  Notwithstanding that his commander has provided two letters of support
for the applicant, the statements regarding the circumstances of his
injuries differ from those of the applicant and no dates or proof of
medical treatment have been found, despite a search of available records.

4.  Therefore, lacking documented proof that the applicant was wounded as a
result of enemy actions and proof that medical treatment was made a matter
of record, there appears to be no basis to award him the Purple Heart at
this time.

5.  However, the applicant was awarded the BSM w “V” Device subsequent to
his REFRAD and that award should be added to his records at this time.

6.  After carefully examining the applicant’s record of service, the Board
has determined that the applicant should have received the GCMDL for his
service from 3 May 1966 to 25 April 1968.  This conclusion is based on the
fact that the record is void of any derogatory information, which would
preclude the applicant from being awarded the GCMDL, and the lack of any
specific action by the applicant’s unit commander to disqualify him from
receiving the award.

7.  The Board found that the applicant not receiving the GCMDL was likely
the result of an administrative error as opposed to it being the result of
a conscious disqualification by any of the unit commanders for which he
served.  Therefore, in the interest of justice, the Board determined that
this error should be corrected and the applicant should receive the GCMDL
at this time.

8.  Additionally, the evidence of record show that the applicant is
entitled to be awarded the RVNCM, the RVNGC w/Palm Unit Citation, the
RVNCAHM-FC Unit Citation and three bronze service stars for wear on his
already awarded VSM.
BOARD VOTE:

________  ________  ________  GRANT RELIEF

__LE____  __JED___  __JRM___  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 awarding him the GCMDL
for the period of 3 May 1966 to 25 April 1968, the RVNCM, the RVNGC w/Palm
Unit Citation, the RVNCAHM-FC Unit Citation, three bronze service stars for
wear on his already awarded VSM and by adding his award of the BSM w/ “V”
Device to his records.

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
any awards of the Purple Heart.



                 Lester Echols
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002477                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0056              |102/GCMDL                               |
|3.107.0094              |140/RVNGC                               |
|4.107.0095              |141/RVNCAHM                             |
|5.                      |                                        |
|6.                      |                                        |


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