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ARMY | BCMR | CY2005 | 20050004478C070206
Original file (20050004478C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 NOVEMBER 2005
      DOCKET NUMBER:  AR20050004478


      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. John Meixell                  |     |Member               |
|     |Mr. Robert Duecaster              |     |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 that he was injured in the line of duty.

3.  The applicant does not provide any supporting documentation with his
application.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant originally enlisted into the Army National
Guard on 31 October 1962.  After completion of basic and advanced
individual training, he was awarded military occupational specialty 112.00
(Heavy Weapons Infantry).  On 19 December 1962 he enlisted in the Regular
Army.  The applicant served in the Republic of Vietnam from 22 July 1968
through 1 March 1970.  He was honorably discharged on 31 August 1983.

2.  The applicant’s military service records do not contain any general
orders awarding him the Purple Heart and the award is not listed on his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

3.  The applicant’s name appears on the Vietnam Casualty Roster.  The
roster verified that the applicant was wounded by hostile force on 10
August 1968.

4.  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.

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

6.  The applicant's DD Form 214 does not list award of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  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 the     1st Battalion, 11th Infantry, to which the
applicant was assigned, was cited for award of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm by Department of the Army General
Order Number 43, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.   The Vietnam Casualty Roster shows the applicant was wounded by hostile
force on 10 August 1968.  Therefore, he is entitled to the award of the
Purple Heart.

2.  Records also show that while the applicant was assigned to 1st
Battalion,        11th Infantry, the unit was awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, the applicant
is entitled to correction of his records to show this foreign unit award.

BOARD VOTE:

__SK  ___  __JM___  __RD ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing that the applicant was awarded the Purple Heart for wounds
sustained on 10 August 1968 and to show award of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm.




                                  _____ Stanley Kelley______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004478                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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