RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 SEPTEMBER 2006
      DOCKET NUMBER:  AR20050018256


      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 that his records be corrected to reflect award
of the Purple Heart and any other decorations he may be entitled to.

2.  The applicant states he was not issued the Purple Heart when he was
wounded.

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

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant entered active
duty on 29 June 1966.  He was initially trained as a cook and in December
1966 deployed to Vietnam where he performed those duties with the 8th
Engineer Battalion.  He returned to the United States in December 1967.

2.  On 23 June 1968 the applicant was honorably discharged for the purpose
of reenlistment.  He subsequently underwent training as a heavy equipment
repairman.

3.  In June 1969 he returned to Vietnam and was assigned to the 19th
Engineer Battalion as a construction equipment repairman.  He remained in
Vietnam until June 1970 and was then assigned to Fort Lee, Virginia, for
the duration of his reenlistment contract.

4.  On 18 July 1974 the applicant was honorably discharged.

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.  There were no service medical records available to the Board or
provided by the applicant.  Item 40 (wounds) on the applicant’s Department
of the Army Form 20 (Enlisted Qualification Record) was blank.  The
applicant last authenticated the information on the form in May 1972.  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 would have been
credited with participating in a total of five designated campaigns
(Vietnam Counteroffensive Phases II and III, Vietnam Summer-Fall 1969,
Vietnam Winter-Spring 1970, and Sanctuary Counteroffensive) during his two
tours of duty in Vietnam.  A silver service star, denoting five bronze
service stars, and representing his participation in five designated
campaign periods should be added to the Vietnam Service Medal already
reflected in his records.  The applicant is also entitled to two
Meritorious Unit Commendations and a Republic of Vietnam Gallantry Cross
with Palm Unit Citation which were awarded to the 8th Engineer Battalion
while the applicant was a member of that organization.  The unit awards
were also omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence does confirm, however, that the applicant is entitled to a
silver service star on his Vietnam Service Medal, two awards of the
Meritorious Unit Commendation, and a Republic of Vietnam Gallantry Cross
with Palm Unit Citation as a result of his service in Vietnam.  His records
should be corrected accordingly.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JA____  __ML ___  __TR ___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing a silver service star on his Vietnam
Service Medal, two awards of the Meritorious Unit Commendation, and a
Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.




                                  ____ James Anderholm______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018256                           |
|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          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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