RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 NOVEMBER 2005
      DOCKET NUMBER:  AR20050004199


      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. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin Meyer                  |     |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 award of the Purple Heart.

2.  The applicant states, in effect, that the medal was never requested by
the commander due to the combat situation.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge), supporting statement, radiology
report with x-ray.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant was commissioned as a second lieutenant in
the United States Army Reserve on 31 March 1967.  He served in the Republic
of Vietnam from 21 October 1968 through 13 October 1969 and from 2 January
1972 through 30 December 1972.   He was honorably discharged on 1 July
1973.

2.  The supporting statement provided by a witness recalled that the
applicant and his commanding officer were walking towards their aircraft
when they came under rocket fire from the ridge.  Suppressive fire was laid
on and the applicant and his commander were able to reach their aircraft
and lift off.  The witness discovered that the applicant received a wound
in his arm and was treated by the medics upon reaching base camp.

3.  Radiology report and the X-ray, dated 6 December 2004, revealed a piece
of shrapnel in the applicant’s forearm.  The source of the shrapnel was not
identified.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not show award of the Purple Heart.  The applicant's military service
records do not contain any general orders awarding him the Purple Heart.
The applicant's name is not listed on the Vietnam Casualty Roster.

5.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also states that there
is no time limit on requests for award of the Purple Heart.

6.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.

7.  The applicant's DD Form 214 does not list award of the Valorous Unit
Award.  The 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 that H Troop 10th Air
Cavalry, to which the applicant was assigned, was cited for award of the
Valorous Unit Award by Department of the Army General Order Number 9, dated
1979.

8.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in six campaigns during his two tours of duty in Vietnam.
This same regulation states that a bronze service star will be awarded for
wear on the Vietnam Service Medal for participation in each campaign.  A
silver service star is worn in lieu of 5 bronze service stars.  The
applicant's DD Form 214 shows award of the Vietnam Service Medal.  His
records also indicate that he participated in the Vietnam Counteroffensive
Phase V, Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive,
Vietnam Summer-Fall 1969, Consolidation II, and Vietnam CEASE-FIRE campaign
but, no service stars are listed.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available which awarded the applicant the
Purple Heart.  The supporting letter, which was prepared over 35 years
after the alleged wounding incident, does not provide evidence sufficiently
compelling to overcome the absence of medical documentation from the period
in question.   The 2004 radiology report and X-rays shows that the
applicant has shrapnel in his forearm but, does not confirm that the
shrapnel stemmed from a rocket attack which occurred more than 30 years
ago.  Since there are no medical records available that show the applicant
was wounded or treated for wounds as a result of hostile action, there is
an insufficient basis for award of the Purple Heart.

2.  Evidence of record shows that while the applicant was assigned to H
Troop, 10th Air Cavalry, the unit was awarded the Valorous Unit Award.
Therefore, the applicant is entitled to correction of his records to show
this award.



3.  Evidence shows that the applicant participated in six campaigns during
his service in Vietnam.  Therefore, he is entitled to correction of his
records to show award of one silver and one bronze service star to be worn
on his Vietnam Service Medal.

4.  Evidence also 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

__SK ___  __MM ___  __LD ___  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 to show award of the Purple Heart.

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 the Valorous Unit Award and one silver and one
bronze service star to be affixed to his already awarded Vietnam Service
Medal.




                                  ______Stanley Kelley________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004199                           |
|SUFFIX                  |                                        |
|RECON                   |20051129                                |
|DATE BOARDED            |YYYYMMDD                                |
|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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