RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 JANUARY 2006
      DOCKET NUMBER:  AR20050005794


      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. William Powers                |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Randolph Fleming              |     |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 wounded and received the award but, it
was not annotated on his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 and his Purple Heart
Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he was inducted into the
Army on    30 September 1966.  He completed training as an 11C (Infantry
Indirect Fire Crewman).  He served in Vietnam from 6 March 1967 through 6
March 1968 with Company C, 3d Battalion, 12th Infantry, 4th Infantry
Division.  He was honorably discharged on 27 September 1968.

2.  The applicant provided a copy of his certificate awarding him the
Purple Heart for wounds received in action on 10 November 1967.  This
certificate is authenticated by James T. Gillespie and signed by Stanley R.
Resor, Secretary of the Army, at that time.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not list the award of the Purple Heart.  There are no general orders
awarding him the Purple Heart in his military service records.

4.  The applicant’s military records contain a Western Union Telegram
notifying the applicant’s parents that he (applicant) was slightly wounded
in Vietnam on     10 November 1967 as a result of hostile action.  The
telegram stated that the applicant sustained metal fragment wounds to the
right side of the back and was treated at the 71st Evacuation Hospital.

5.  The applicant’s name appears on the Vietnam Casualty Roster.  The
roster verified that the applicant was wounded by hostile force on 10
November 1967.  Item 40, on the applicant’s DA Form 20, Enlisted
Qualification Record, shows that he was wounded.


6.  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.

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

8.  The applicant's DD Form 214 does not list award of the Republic of
Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.

9.  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 3d Battalion, 12th
Infantry, 4th Infantry Division, 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 3, dated 1970 and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
by Department of the Army General Order Number 53, dated 1970.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in three campaigns during his tour 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.  The
applicant's DD Form 214 shows award of the Vietnam Service Medal with two
bronze stars.  His records indicate that he participated in three
campaigns:  Vietnam Counteroffensive Phase II, Vietnam Counteroffensive
Phase III, and TET Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  While there are no orders in the applicant’s available records awarding
him the Purple Heart, the appropriate Secretary of the Army signed his
award certificate.  Additionally, the Vietnam Casualty Roster and the
Western Union Telegram shows that the applicant was admitted to the
hospital on                     10 November 1967 as a result of hostile
action, which is consistent with the information contained on the Purple
Heart Certificate.  Therefore, based on the evidence provided, he is
entitled to the award of the Purple Heart for wounds sustained on 10
November 1967.

2.  Evidence also shows that the applicant is entitled to award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic
of Vietnam Civil Actions Honor Medal First Class, and three bronze service
stars to be worn on his Vietnam Service Medal.

BOARD VOTE:

___WP  _  __TR ___  __RF  ___  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 the following:

      a.  by awarding him the Purple Heart for wounds sustained on
        10 November 1967; and

      b.  by showing he is entitled to the Republic of Vietnam Gallantry
Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation; and three service stars to be affixed to
his Vietnam Service Medal.




                                  _____ William Powers________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005794                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050106                                |
|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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