RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 AUGUST 2006
      DOCKET NUMBER:  AR20050015827


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 also requested award of three Bronze Star Medals, one
with a “V” device, an Air Medal, an Army Commendation Medal, the Army Good
Conduct Medal, the Republic of Vietnam Gallantry Cross Unit Citation with
Palm, which he referred to as the “silver palm” and the Republic of Vietnam
Civil Actions Honor Medal which he referred to as the “Vietnamese Medal of
Honor.”  Additionally, he noted, incorrectly, that he was entitled to four
bronze service stars on the Vietnam Campaign Medal and a Vietnam Service
Medal.  In actuality the bronze service stars would be accouterments for
the Vietnam Service Medal, not the Campaign Medal.

3.  The applicant states he sustained an injury to his knee during a mortar
attack in September 1968 while in Vietnam.  He states he was treated at the
15th Medical Battalion and indicates he has documents, including his
service medical records, to prove the items are missing from his record.

4.  The applicant provides no additional evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  In September 1973 a Department of Defense Form 215 was issued
correcting the applicant’s 1969 separation document to reflect all of the
requested awards, except the Purple Heart.  As such no additional action
regarding those awards is necessary and the Board will only address the
applicant’s request for award of the Purple Heart in these proceedings.
The applicant will, however, be provided a copy of that Department of
Defense Form 215.

2.  Records available to the Board indicate the applicant entered active
duty on 22 January 1960 and served continuously until he was honorable
discharged on 2 July 1969 as a result of hardship.  He was separated based
on temporary records and his own affidavit.

3.  The applicant served in Vietnam between July 1968 and April 1969.
There were no service medical records available to the Board or provided by
the applicant.  His name was not among a list of individuals reported as
combat casualties during the Vietnam War.

4.  In 1973, when the applicant requested the other decorations be added to
his records, he made no mention of entitlement to the Purple Heart.

5.  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.

6.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart.  The regulation
stated that authority to award the Purple Heart was delegated to hospital
commanders.  Further, it directed that all personnel treated and released
within 24 hours will be awarded the Purple Heart by the organization to
which the individual is assigned.  Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam will be awarded the Purple
Heart directly by the hospital commander rendering treatment.

DISCUSSION AND CONCLUSIONS:

1.  There is no medical evidence, and the applicant has not provided any,
which confirms that he was wounded as a result of hostile action while in
Vietnam.  In the absence of such evidence there is no basis for an award of
the Purple Heart.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WP __  ___JR __  ___KJ___  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 for correction of the
records of the individual concerned.





                                  ____  William Powers________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050015827                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060831                                |
|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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