RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050006557


      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. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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, in effect, reconsideration of his earlier
request to award him the Purple Heart and the Bronze Star Medal.

2.  The applicant states that the service medical record indicating
treatment for a "boil' was, in fact, treatment of a fragment wound that had
become infected.  "The shrapnel in the shoulder is now gone."  X-rays show
he still has "a piece of fragment (wood about 2 inches long) in my upper
thigh."  The statement from Mr. F____ D____ refers to the rocket attack in
which he was injured.

3.  The applicant provides a copy of an email message from Mr. F____ D____
who relates that he was the executive officer of the division's
administrative unit at Cu Chi between January and June 1967.  The base
received rocket and mortar fire many times.  He recalls one instance, in
April or May 1967, in which a rocket directly entered the doorway of a
bunker.  It killed four or five Soldiers and wounded many more.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20040002168, on 24 February 2005.

2.  The applicant has previously been advised that the ABCMR will not
consider his request for award of the Bronze Star Medal until he has
exhausted available administrative remedies.  This portion of the request
will not be further addressed herein.

3.  As noted in the original Record of Proceedings, the available service
medical records do show he had a boil removed from under his arm.  The
records show this occurred on 6 May 1967 and that he returned for follow-up
on the following two days.  There is no mention of any treatment for an
infected wound in the records and neither his separation medical
examination nor the medical history he provided for that examination
contains any mention of his having been wounded by enemy fire.



4.  Army Regulation 600-8-2 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, and the
medical treatment must have been made a matter of official record.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  Mr. F____ D____ does not report that the applicant was wounded, rather
he reports that four or five Soldiers were killed and several Soldiers were
wounded when an enemy rocket entered a bunker.

2.  The applicant reports that he was injured pulling another Soldier to
safety.  They do not seem to be describing the same incident.

3.  Furthermore, the applicant offers no rationale to account for the
obvious discrepancy between his assertion of a fragment wound and the
medical record showing the removal of a boil.  The simple assertion that it
was actually an infected fragment wound is not credible.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JBG__  ___RTD__  __SWF__  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of
the ABCMR set forth in Docket Number AR20040002168, dated 24 February 2005.




                                  _      Richard T. Dunbar______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006557                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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