RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 AUGUST 2006
      DOCKET NUMBER:  AR20050016370


      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 during an announced (sic)
mortar attack and spent 3 days in the 12th Evacuation Hospital during the
summer of 1967.

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

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant enlisted in the Army on 15 August 1966.  He
served in the Republic of Vietnam from 15 March 1967 to 14 March 1968 and
was assigned to Company A, 125th Signal Battalion, 25th Infantry.  The
applicant was discharged with an “Under Other Than Honorable Conditions
Discharge” on
28 September 1970 which was later upgraded to an “Under Honorable
Conditions.”

2.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Report of Separation from Active Duty) 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.

3.  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.

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.  The applicant’s DA Form 20 (Enlisted Qualification Record) indicates
that he was awarded the National Defense Service Medal and Vietnam Service
Medal.  However, these awards are not listed on his DD Form 214.

7.  Army Regulation 672-5-1 (Military Awards) provides that the National
Defense Service Medal is awarded for honorable active service for any
period between    1 January 1961 through 14 August 1974, inclusive.

8.  This same regulation provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.

9.  The applicant's DD Form 214 does not list award of the Meritorious Unit
Commendation and 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 125th Signal Battalion,
to which the applicant was assigned, was cited for award of the Meritorious
Unit Commendation by Department of the Army General Order Number 17, dated
1968 and the Republic of Vietnam Gallantry Cross Unit Citation with Palm by
Department of the Army General Order Number 48, dated 1971.

10.  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 he is entitled to the award of the Vietnam
Service Medal.  His records also indicate that he participated in the
following campaigns:  Vietnam Counteroffensive Phase II, Vietnam
Counteroffensive Phase III, and TET Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available which awarded the applicant the
Purple Heart.  There are no medical records available which show that the
applicant was wounded or treated for wounds as a result of hostile action
during his service in Vietnam.  In the absence of such evidence, there is
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 as follows:

     a. by showing he is entitled to the National Defense Service Medal;

     b. by showing he is entitled to the Vietnam Service Medal; and

     c.  by showing he is entitled to the Meritorious Unit Commendation,
        the
Republic of Vietnam Gallantry Cross Unit Citation with Palm and three
bronze service stars to be affixed to his Vietnam Service Medal.




                                  ____ Jeanette McCants______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050016370                           |
|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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