RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 JANUARY 2006
      DOCKET NUMBER:  AR20050006445


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 in Vietnam on 23 November 1970
by an enemy booby trap.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge), supporting letter forwarded from
Veterans Affairs (VA), and medical and dental records.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant was inducted into the Army on 10 March 1969.
 He served in the Republic of Vietnam from 9 March 1970 to 25 December
1970. The applicant was assigned to Company E, 5th Battalion, 46th
Infantry,           198th Infantry Brigade.  He was honorably discharged on
25 December 1970.

2.  The VA forwarded a letter from a medical doctor at the Minneapolis VA
Hospital in support of the applicant’s request for award of the Purple
Heart.  The medical doctor states that he has reviewed the applicant’s
medical records and the records show that the applicant was wounded and
cared for at the
91st Evacuation Hospital from 23 November 1970 to 29 November 1970.  He
said the wound was the result of hostile action, (booby trap).

3.  The applicant provided a Standard Form 502, Narrative Summary, of his
medical condition dated, 29 November 1970.  The date of admission was
listed as 23 November 1970 and the date of discharge was listed as 29
November 1970.  The summary stated “PT wounded in action when he tripped a
booby trap injuring the right side of his face and oral cavity.”  The
narrative summary contains the 91st Evacuation Hospital stamp but, the
applicant’s name is not listed on this document.  The applicant also
provided medical and dental records dated 11 March 1971 from the VA
Outpatient Service.  The records show his history, examination and
diagnoses.  The diagnoses stated that shrapnel fragmentary scars of the
right lower chin, with good healing and very minor residuals.

4.  On 25 December 1970, the applicant underwent an expiration term of
service (ETS) examination in which he stated “since my last physical my
condition hasn’t changed.”  There are no wounds or any type of scars noted
on the examination.  Additionally, the applicant admitted that his physical
condition was good and that he had reviewed his medical records.  The
applicant was qualified for separation.
5.  Item 40 (Wounds) on the applicant's DA Form 20 shows no entries of any
wounds received.  Item 41 (Awards and Decorations) does not show award of
the Purple Heart.

6.  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.

7.  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.

8.  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.

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

10.  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     5th Battalion, 46th 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
Orders Number 11, dated 1973.

11.  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 Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam
Counteroffensive Phase VII.

DISCUSSION AND CONCLUSIONS:

1.  The applicant underwent an ETS examination on the date he was separated
from the military, 25 December 1970.  The examination does not list any
type of scars or wounds associated with a wounding incident which occurred
approximately one month prior to the examination date.
2.  There are no general orders available which awarded the applicant the
Purple Heart.  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 letter from the medical doctor at VA is
not sufficient evidence to support his application.  Additionally, the
narrative summary of the applicant’s hospitalization does not contain his
name and therefore, cannot be used as medical evidence to verify that he
was wounded as a result of hostile action and required treatment by a
medical officer.  In the absence of medical records supporting the
applicant's contention, there is an insufficient basis for award of the
Purple Heart in this case.

3.  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 the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and three bronze service stars to be worn on his Vietnam Service Medal.

4.  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

__LS____  ___RB __  ___RN __  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 three bronze service stars to be affixed to his
already awarded Vietnam Service Medalcdbv  .





                                  _____ Linda Simmons______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006445                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060112                                |
|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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