RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 AUGUST 2006
      DOCKET NUMBER:  AR20050016078


      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. Jeanette McCants              |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Rowland Heflin                |     |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 on or about 15 January 1969.
He said he went to Camp Sandy Field Hospital for treatment and was advised
that he would receive the Purple Heart Medal.  He maintains that he was
awarded the Purple Heart at their compound at Bien Hoa, Vietnam.  The
applicant also admitted that on or about 9 February 1969, his company
commander said that he had put him in for the Silver Star.  He maintains
that prior to receiving the Silver Star, the unit was ordered to return to
the jungle.

3.  The applicant does not provide any documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show award of the
Silver Star.  There are no orders or other evidence authorizing award of
this decoration. In the absence of a proper award authority for this
decoration, the applicant may request award of the Silver Star under the
provisions of Section 1130 of Title 10, United States Code.  The applicant
has been notified by separate correspondence of the procedures for applying
for this decoration under Section 1130 and, as a result, it will not be
discussed further in the Record of Proceedings.

2.  Records show the applicant was inducted into the Army on 1 November
1967. He served in the Republic of Vietnam from 8 June 1968 to 7 June 1969
and was assigned to Company B, 1st Battalion, 501st Infantry.  The
applicant was honorably discharged on 8 June 1969.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not show award of the Purple Heart.  The applicant's military service
records do not contain any general orders awarding him the Purple Heart.
The applicant's name is not listed on the Vietnam Casualty Roster.

4.  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.
5.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.

6.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four 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 IV, Vietnam Counteroffensive Phase V,
Vietnam Counteroffensive Phase VI, and TET 69 Counteroffensive.

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. 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.

2.  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

__JM  ___  __SF ___  __RH ___  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.
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 the award of the Vietnam Service Medal with four bronze
service stars affixed.





                                  ____Jeanette McCants_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016078                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|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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