RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050002941


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Bernard Ingold                |     |Member               |
|     |Mr. Michael Flynn                 |     |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 award of the Purple Heart.

2.  The applicant states he was stationed at a forward fire base near Duc
Pho in Vietnam when his unit came under enemy artillery fire and a mortar
attack.  He states he was hit just above the knee by a dud aerial flare
released by a United States plane or helicopter.  He states the flare was
dropped to allow the Soldiers to see the enemy.  He states he was
hospitalized and eventually evacuated to the Great Lakes Naval Hospital in
Michigan.

3.  The applicant stated he only recently discovered he met the criteria
for award of the Purple Heart and had previously believed the wound had to
be by the enemy.

4.  The applicant provides a copy of his separation document and an extract
from his service personnel file confirming his assignment in Vietnam and
evacuation.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant was inducted and
entered active duty on 1 December 1966.  Following completion of training
he was assigned to Vietnam as an infantryman with the 2nd Battalion, 35th
Infantry in May 1967.

2.  Although his service medical records were not available to the Board,
item 38 (record of assignments) on his Department of the Army Form 20
(Enlisted Qualification Record) indicates he was evacuated to Japan on 9
June 1967 and subsequently evacuated to the Great Lakes Naval Hospital.  He
was returned to duty at Fort Leonard Wood, Missouri in January 1968.

3.  His separation physical examination notes the applicant was hit by a
flare and hospitalized for 7 months after suffering muscle weakness in the
right leg and back pain.  The circumstances surrounding the flare injury
were not recorded on the separation physical examination.  The applicant's
name is not on a list of individuals reported as casualties during the
Vietnam War.

4.  On 29 November 1968 the applicant was released from active duty.



5.  Included as part of the Department of Defense Appropriations Act for
fiscal year 1994 was an amendment to the rules governing award of the
Purple Heart.  While the original rules established that the Purple Heart
would be awarded to individuals killed or wounded as a result of hostile
action the amendment enabled the Secretaries of each department to award
the Purple Heart to members of the armed forces who were killed or wounded
in action by weapon fire, while directly engaged in armed conflict, other
than as the result of an act of an enemy of the United States.  This
ruling, in effect, granted the service Secretaries the authority to award
the Purple Heart to individual directly engaged in armed conflict that were
killed or wounded as a result of "friendly fire."

6.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in two designated campaigns (Vietnam
Counteroffensive Phases II and III during the applicant’s brief period of
assignment.  Two bronze service stars on the Vietnam Service Medal, which
is recorded on his separation document, should reflect his campaign
participation.  The unit was also awarded the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and a Valorous Unit Award during his tenure
with the organization.  The unit awards were also omitted from his
separation document.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, there is no evidence which confirms the circumstance
under which the applicant sustained his leg injury after being hit by a
flare.  It could be argued, that even if the applicant's unit were under
attack from enemy forces at the time, the fact that the injury resulted
from a flare and not by weapon fire, such as a U.S. rifle or mortar round,
he would still not have met eligibility requirements for the Purple Heart
because a flare would not have been considered a weapon.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

3.  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 Case Management Support Division (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

__JA____  ___BI ___  __MF ___  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 entitlement to two bronze service stars on his Vietnam
Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with
Palm, and a Valorous Unit Award.




                                  ____ James Anderholm _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002941                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050922                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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