RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 SEPTEMBER 2006
      DOCKET NUMBER:  AR20050017300


      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. James Anderholm               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |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 in June 1970 while engaged with a hostile force he
struck a mine with his recovery vehicle and was tossed around not realizing
that he broke his hand during the incident.  He states he continued his
mission and that his hand was sore and swollen.  The applicant does note
that he told his supervisor about the incident and provides a statement
from that former supervisor.

3.  The applicant states that he was unaware the hand was broken until
October 2003 when he was seen in an emergency room after injuring his hand
while washing his truck.  He states the physician told him he had not
broken his hand but had in fact reactivated an old break.

4.  The applicant provides a September 2005 statement from his supervisor
detailing the events in June 1970 when the applicant hurt his hand.  The
applicant also provides a copy of the 2003 radiologic examination report
which notes “fragment at the proximal fifth metacarpal likely represents
old fracture….”

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant was appointed as
a warrant officer in November 1969 after having served in the United States
Marine Corps and as an enlisted Soldier.

2.  In January 1970 the applicant was assigned to Vietnam as an automotive
maintenance technician with the 11th Armored Cavalry Regiment.  He remained
in Vietnam until December 1970.

3.  The applicant remained on active duty until 31 March 1984 when he was
honorably released from active duty by reason for length of service for the
purpose of retirement.  His name was placed on the retired rolls the
following day.

4.  The statement provided by the applicant’s former supervisor notes their
unit was conducting combat operations in Cambodia on Father’s Day in June
1970 and that the applicant hit a land mine with his M-88 (recovery
vehicle) and the vehicle was declared a combat loss.  The supervisor stated
the applicant
incurred injuries while being thrown around the vehicle commander’s hatch
due
to the mine exploding.  He noted the applicant was not treated or evacuated
at the time and that he complained for days after about his right hand
being painful, stiff, and swollen.

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.

7.  Beyond the 2003 radiologic examination report provided by the applicant
in support of his request there were no other medical records provided by
the applicant.  There were no service medical records available to the
Board and the applicant’s name was not among a list of individuals reported
as combat casualties during the Vietnam War.

8.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
awarded two awards of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation and a Valorous Unit Award during his tenure with the 11th
Armored Cavalry Regiment.  The unit awards were omitted from his separation
document.

DISCUSSION AND CONCLUSIONS:

1.  Two of the primary requirements for award of the Purple Heart are that
the wound or injury must have required treatment by a medical officer and
that such treatment must have been made a matter of official record.  The
applicant and his supervisor both state the applicant never received
treatment.  As such he would not have been entitled to 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.
3.  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

___JA___  ___ML __  ___TR __  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 entitlement to two awards of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and a Valorous Unit Award.




                                  ____ James Anderholm______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017300                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060919                                |
|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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