RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 DECEMBER 2005
      DOCKET NUMBER:  AR20050006023


      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. James Hise                    |     |Chairperson          |
|     |Mr. Ronald Blakely                |     |Member               |
|     |Ms. Jeanette McCants              |     |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 he did not receive the Purple
Heart for shrapnel wounds to his left elbow and left leg which occurred
sometime during the August and November 1971 time frame.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge), Veterans Administration (VA)
Request for Information, VA Rating Decision, and medical records.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant enlisted in the Army on 6 November 1970.  He
served in the Republic of Vietnam from 13 June 1971 through 22 March 1972.
He was honorably discharged on 5 November 1973.

2.  The VA Request for Information shows under alleged disease or injury,
dates of treatment, and place of treatment the following:  “Shrapnel wound,
left leg    Aug. 1971, Disp Bien Hoa Vietnam;” and “Left elbow condition,
Nov 1971, Disp Fire Base Timbucto near Bien Hoa, Vietnam.”

3.  The applicant’s medical records dated 4 January 1974 shows that VA
requested an evaluation of his left leg and left elbow for shrapnel.  The
records indicate that the injury occurred in 1971 while the applicant was
assigned in Vietnam.  The exam revealed that the applicant had “superficial
small and large scars in the areas involved with no functional impairment.”
 The applicant was awarded a 0 percent rating for a shrapnel wound scar on
his left leg and left elbow.

4.  There is no documentation in the available records which shows that the
applicant sustained wounds or was treated for wounds incurred as a result
of hostile action.

5.  There is no evidence of any general orders awarding the applicant the
Purple Heart and his name is not listed on the Vietnam Casualty Roster.




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.  The Department of the
Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) provides, in pertinent part, for award of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm to all individuals who served in
Vietnam between 20 July 1965 and    28 March 1973 in a unit which was
subordinate to Headquarters, United States Army Vietnam.

9.  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.  His
records also indicate that he participated in the following campaigns:
Vietnam Counteroffensive Phase VII, Consolidation I and Consolidation II.

DISCUSSION AND CONCLUSIONS:

1.  There are no medical records available which show the applicant was
wounded or treated for wounds as a result of hostile action during his
service in Vietnam.  The information contained in his VA record is not
sufficiently compelling to conclude that the applicant’s scars on his leg
and elbow were in fact, the results of combat incurred wounds or injuries.
Therefore, in the absence of more compelling medical records supporting the
applicant's contention, there is an insufficient basis for award of the
Purple Heart in this case.

2.  Evidence of record shows that the applicant is entitled to the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  The evidence also
shows that the applicant participated in three campaigns during his service
in Vietnam.  Therefore, he is entitled to correction of his records to show
award of three bronze service stars to be worn on his Vietnam Service
Medal.

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

__JH____  __RB ___  ___JM __  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 Republic of Vietnam Gallantry Cross Unit
Citation with Palm and the Vietnam Service Medal with three bronze service
stars affixed.





                                  _______James Hise________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006023                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051220                                |
|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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