RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20060000092


      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             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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, in an application submitted through his Member
of Congress, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was not awarded the Purple
Heart for wounds he received in Vietnam on 24 June 1969 in a combat zone.
The explosion which caused his wounds was the result of hostile enemy
action in the Republic of Vietnam, in the jungle near Dak To.  He adds that
all witnesses to the event concur that they believe that the explosions of
munitions on 24 June 1969 was the result of booby-traps placed by an enemy
force.

3.  In support of his request, the applicant submits thirteen documents,
including copies of seven letters of support from wartime friends and
comrades in arms that had been addressed to the Military Order of the
Purple Heart for the same or a similar action.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 15 October 1969, the date of his release from active duty.  The
application submitted in this case is dated 6 December 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he was inducted into the
Army of the United States on 11 March 1968.  He completed basic combat
training at Fort Dix, New Jersey, and his advanced individual training at
Fort Polk, Louisiana.  After completing all required training, he was
awarded the military occupational specialty (MOS), 11C (Infantry Indirect
Fire Crewman).

4.  The applicant served in Vietnam from 4 August 1968 through 8 July 1969.
 He was initially assigned to Company A, 1st Battalion, 22nd Infantry
Regiment,
4th Infantry Division, and on 10 November 1968, he was reassigned within
the battalion to Company B.  He remained with this company until he was
medically evacuated from Vietnam after being injured.

5.  The applicant was honorably released from active duty, on 15 October
1969, under the provisions of Army Regulation (AR) 635-200, Chapter 5,
Section VII.  He was assigned SPN (Separation Program Number) 412 (Enlisted
member of medical holding detachments who, upon completion of
hospitalization, do not intend to immediately enlist or reenlist in the
Regular Army).  He was separated in the rank and pay grade of Specialist
Four, E-4.  On the date he was released from active duty, he had completed
1 year, 7 months, and 5 days of active military service, with no lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
Armed Forces of the United States, Report of Transfer or Discharge, shows
he was awarded:  the National Defense Service Medal; the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman
Badge; the Expert Marksmanship Qualification Badge, with Mortar Bar [81mm
Mortar]; and the Expert Marksmanship Qualification Badge, with Rifle Bar.
The Purple Heart is not shown on the applicant's DD Form 214.

7.  There is no entry in Item 40 (Wounds) of the applicant's DA Form 20,
Enlisted Qualification Record, to show that he received a wound in action
against a hostile force.

8.  There is no entry in Item 41 (Awards and Decorations), of the DA Form
20, showing that the applicant was awarded the Purple Heart.

9.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.

10.  The applicant's name does not appear on the Vietnam Casualty List.

11.  In exhausting administrative remedies available to him, the applicant
applied to the Awards Branch, US Army Human Resources Command, Alexandria,
Virginia, for award of the Purple Heart and its addition to his DD Form
214.  On 31 August 1993 the applicant's request was denied and he was so
notified.
12.  The applicant was awarded the Soldiers Medal, by General Orders Number
5437, Headquarters, 4th Infantry Division, on 18 August 1969, for an action
that occurred on 24 June 1969.  The citation (reason) for the award reads,
in part, as follows:

      "For heroism not involving actual conflict with an armed enemy in the
      Republic of Vietnam.  [The applicant] distinguished himself while
      serving with Company B, 1st Battalion, 22nd Infantry,
      4th Infantry Division.  On 24 June 1969, [the applicant's] unit was
      dispatched to an area where a helicopter had dropped a load of
      explosives.  While they were gathering the dangerous munitions, an
      explosion occurred, severely wounding several men.  Despite the danger
      of further explosions, [the applicant] rushed to the aid of his
      stricken comrades, administering first aid and artificial respiration.
       Then with complete disregard for his own personal safety, he carried
      his wounded comrades through the area littered with deadly explosives
      to a position from which they could be evacuated.  [The applicant's]
      selfless concern for his fellow man, personal bravery, and exemplary
      devotion to duty are in keeping with the highest traditions of the
      military service and reflect great credit upon himself, his unit and
      the United States Army."

13.  The Awards Branch, US Army Human Resources Command, prepared a DD Form
215, Correction to DD Form 214, and added the Soldiers Medal to the
applicant's DD Form 214 on 22 February 2005.

14.  The applicant was awarded the Army Commendation Medal, for meritorious
service, for the period from August 1968 through August 1969, by General
Orders 3022, Headquarters, 4th Infantry Division, dated 12 June 1969.  This
award is not shown on the applicant's DD Form 214.

15.  In a 7 March 2005 letter he had written to the Military Order of the
Purple Heart, the applicant included in his request for award of the Purple
Heart, he stated, in part, in the sixth paragraph:

            "My mortar squad was asked to go out on a patrol to secure a
      perimeter around some munitions dropped by a Chinook helicopter so the
      enemy wouldn't be able to booby-trap them.  This patrol started out at
      the airstrip.  We were convoyed south on the
      afternoon of June 24, 1969.  We then went by foot through a very heavy
      jungle area for quite a distance from where we were dropped off.
      There were guys ahead of me in various staggered positions because we
      were told to never travel in a straight path and to travel apart from
      each other.  Someone ahead of me tripped something, I remembered
      hearing a 'click' sound.  I believe this was a trip wire or some type
      of detonation device.  There was a large explosion ahead of us and one
      to my left side.  The blast blew me into the air. My left leg was
      blown up very badly.  I couldn't walk, but I crawled to try to help
      some of the guys with me that day."

16.  In a notarized letter of support written by his wartime friend and
comrade, dated 4 October 2004, which was addressed to the Military Order of
the Purple Heart, and which the applicant included in his request to this
Board, his wartime friend conveys the same basic story as that of the
applicant; however, his wartime comrade states that one of his friends had
agreed to go in his stead, which allowed him to stay behind to pull guard
on the base.  This witness statement is based on what others said and not
what this witness saw or experienced.

17.  In a statement submitted by another wartime friend and comrade on a VA
Form 21-4138, Statement in Support of Claim, dated 28 October 2004, it is
stated that the ammunition was dropped about a half mile into the jungle
from the end of the Dak To airstrip.  When the patrol got to the site,
there was an explosion and the applicant was wounded and other Soldiers
were killed.  The applicant was evacuated and the other men were left in
place.  The wartime friend and a detail of men guarded the bodies overnight
and the bodies were removed the next day very carefully because it was
their belief that the site was booby-trapped.  He adds that after all the
men were removed from the site, the ammunition was not retrieved.  It was
blown up because they believed the site was booby-trapped by the enemy.

18.  The applicant submitted two other statements from wartime friends and
comrades. One is dated 29 November 2004 and the other is undated.  Neither
of the statements in support of the applicant's request was signed or
notarized.  These statements of support tell basically the same story of
the event as the applicant and recommend the applicant be awarded the
Purple Heart.

19.  The morning report for Company B, 1st Battalion, 22nd Infantry
Regiment, for the period ending 24 June 1969, shows three entries related
to the event in
which the applicant was injured.  Two of the line entries specifically
name the other Soldiers who were on the detail and who were killed in the
explosion.  The third entry shows the names of three Soldiers who were
injured in the blast, including the applicant.

20.  Based on the information available on this morning report, the
National Archives and Records Administration, Archival Database (AAD),
Casualty Information System, was searched for the casualty reports for the
deceased Soldiers.  The casualty report for each of these Soldiers show
they were declared to be, "Non-Battle, Non-Hostile Dead."  The major
attributing cause of their death was listed as, "Not Booby Trap Connected."

21.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

22.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase V, which
extended from 1 July through 1 November 1968; the Vietnam Counteroffensive,
Phase VI, which extended from 2 November 1968 through 22 February 1969; the
Tet 69 Counteroffensive, which extended from 23 February through 8 June
1969; and the Vietnam Summer-Fall 1969, which extended from 9 June through
31 October 1969.

23.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
that the applicant consistently received "excellent" conduct and efficiency
ratings.  There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

24.  AR 600-8-22 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:  (a) the wound was
the result of hostile action; (b) the wound required medical treatment; and
(c) the medical treatment was made a matter of official record.  The
regulation also states, in paragraph 2-8b.(5)(g) that injuries or wounds
incurred as a result of accident, to include explosive, aircraft,
vehicular, and other accidental wounding, not related to or cause by enemy
agents, do not qualify for award of the Purple Heart.  This same
regulation, in paragraph 2-8.b.(6)(b) provides that individuals wounded or
killed as a result of "friendly fire" in the "heat of battle" will be
awarded the Purple Heart as long as the "friendly" projectile or agent was
released with the full intent of inflicting damage or destroying enemy
troops or equipment.

25.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3 years
except in those cases when the period for the first award ends with the
termination of a period of Federal military service.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

26.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

27.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to, 1st Battalion, 22d Infantry Regiment, 4th
Infantry Division, was awarded the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 1 August 1965 through 16 April
1971, by Department of the Army General Order (DAGO) Number 54, dated 1974;
and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation, for the period 1 October 1966 through 31 October 1969, by DAGO
53, dated 1970.

28.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was injured on 24 June
1969 while he served in Vietnam.  These injuries resulted from an
accidental explosion
of munitions that took place while he and other Soldiers from his unit were
in the process of gathering dangerous munitions that had been dropped from
a helicopter.

2.  For his heroic deeds not involving actual conflict with an armed enemy
on 24 June 1969, the applicant was awarded the Soldiers Medal.  In the text
of the citation for this award, there is no indication the munitions that
had been dropped from the helicopter had been booby-trapped by the enemy.
The munitions that had been dropped from the helicopter, it is apparent,
were thought to have been rendered unstable and were now more dangerous
than they would otherwise have been, had they not been dropped from the
helicopter.  The text of the citation does state the Soldiers "were
gathering the dangerous munitions."  In the citation, it was recognized
that there was danger of further explosions.  "Despite this," the citation
states, "the applicant carried his wounded comrades through the area
littered with deadly explosives to a position from which they could be
evacuated."

3.  The applicant's statement is in conflict with the citation in the
general orders which award him the Soldiers Medal.  In his statement, it
appears the explosion took place before they arrived on site to gather the
dropped munitions.  It is at this time he was injured and took immediate
action to help his comrades.  The citation gives the impression the
applicant was not injured in the explosion while they were in the process
of gathering the munitions.

4.  A common thread in the statements made by all the applicant's
supporters is that they all believe that the explosions of munitions on 24
June 1969 was the result of booby-traps placed by an enemy force.  These
statements were made some 45 years after the accidental explosion occurred;
whereas the official documents, the morning report and the casualty
reports, were prepared and submitted almost immediately after the explosion
and the Soldiers' deaths by officials having the obligation and the
authority to make an official determination.

5.  The morning report for the applicant's unit contained three entries
pertinent to the 24 June 1996 event in which the applicant and two other
Soldiers were injured and five of his comrades were killed.  The names of
the deceased Soldiers were searched for in the National Archives and
Records Administration, Casualty Information System.  All the deceased
Soldiers were declared to be, "Non-Battle, Non-Hostile Dead."  The major
attributing cause of their death was listed as, "Not Booby Trap Connected."
6.  Based on all the facts and circumstances in this case, the applicant is
not entitled to award of the Purple Heart and to have it added to his DD
Form 214.

7.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
he did to disqualify himself from this award.  He is therefore eligible for
award of the Good Conduct Medal for the period 11 March 1968 through 15
October 1969.

8.  The applicant was awarded the Army Commendation Medal for meritorious
service in Vietnam.  The Army Commendation Medal is not shown on the
applicant's DD Form 214.  It would be appropriate to add this award to his
DD Form 214.

9.  The applicant served in four campaigns while he served in Vietnam from
12 July 1968 through 7 July 1969.  He is therefore entitled to award of the
Vietnam Service Medal, with four bronze service stars, to denote his
campaign participation credit.

10.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation; while he was
a member of the unit.  These unit awards are not shown on his DD Form 214.
He is entitled to these unit awards and to have them added to his DD Form
214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__PMT__  __JBG_     __CLG__  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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:
      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with four
bronze service stars, to denote his campaign participation credit;

      c.  awarding the applicant the Good Conduct Medal for the period 11
March 1968 through 15 October 1969;

      d.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation; and adding these unit awards to his DD
Form 214; and

      e.  adding the already-awarded Army Commendation Medal to the
applicant's DD Form 214.

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 to the applicant and its addition to his DD Form
214.




                            _____Curtis L. Greenway ____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060000092                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]