RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          13 December 2005
      DOCKET NUMBER:  AR20050004732


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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 the Purple Heart.

2.  The applicant states that he received shrapnel wounds to the right
ankle from an enemy grenade in the December 1967 or January 1968 timeframe.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 April 1968.  The application submitted in this case is dated
18 March 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 Indianapolis, Indiana, on 6 June 1966 and was
transferred to Fort Leonard Wood, Missouri, to undergo his basic combat
training (BCT).  He completed his BCT and was transferred to Fort Gordon,
Georgia, to undergo his advanced individual training (AIT) as a light
weapons infantryman.

4.  He completed his AIT and was transferred to Fort Benning, Georgia, to
undergo his airborne training before being assigned to Fort Bragg, North
Carolina, where he remained until he was transferred to Vietnam on 4 May
1967.

5.  He was initially assigned to Company B, 1st Battalion, 327th Infantry
Regiment and on 27 January 1968, he was reassigned to Headquarters and
Headquarters Company, 1st Battalion, 327th Infantry Regiment.

6.  He departed Vietnam on 30 March 1968 for assignment to Fort Lewis,
Washington and was sent to Oakland Army Base, California, on temporary duty
to serve as an escort for the remains of another Indiana soldier.

7.  On 17 April 1968, he was honorably released from active duty (REFRAD)
at Fort Benjamin Harrison, Indiana due to early separation of an overseas
returnee. He had served 1 year, 10 months and 12 days of total active
service and was awarded the National Defense Service Medal, the Vietnam
Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Combat
Infantryman Badge and the Parachutist Badge.

8.  The applicant’s medical records are not present in the available
records.  However, the available records do contain a medical physical
examination dated 11 April 1968 which contains no indication that he was
wounded in Vietnam.  Additionally, the applicant’s name is not contained on
the Vietnam Casualty Listing.

9.  A review of the applicant’s records show that he received excellent
conduct and efficiency ratings throughout his service and his records are
void of any derogatory information that would serve to disqualify him for
award of the Good Conduct Medal (GCMDL).

10.  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.

11.  Army Regulation 672-5-1, in effect at the time, established the
criteria for award of the 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.  There is no automatic entitlement to
award of the GCMDL.

12.  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 the applicant’s units
were subsequently 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 during the period he
was assigned to the units.  Additionally, he 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.  The applicant has failed to show through evidence submitted with his
application or the evidence of record, sufficient evidence to establish his
entitlement to the Purple Heart.  Therefore, lacking evidence to show that
he was wounded as a result of enemy action and that the treatment was made
a matter of record, there is no basis to award him the Purple Heart at this
time.

2.  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 6 June 1966 through 17 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.

3.  Additionally, the applicant’s units were subsequently awarded the RVNGC
w/Palm Unit Citation and the RVNCAHM-FC Unit Citation.  Accordingly, he is
entitled to be awarded those awards at this time as well as three bronze
service stars for wear on his VSM.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__slp___  __mhm___  __alr___  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 6 June 1966 to 17 April 1968, the RVNGC w/Palm Unit
Citation, the RVNCAHM-FC Unit Citation and three bronze service stars for
wear on his already awarded VSM.

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
award of the Purple Heart.



                 Shirley L. Powell
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004732                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|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.                      |                                        |


-----------------------
[pic]