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ARMY | BCMR | CY2006 | 20060000272C070205
Original file (20060000272C070205.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20060000272


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. David W. Tucker               |     |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 he be awarded the Purple Heart.

2.  The applicant states he is in need of his Purple Heart now.

3.  The applicant provides no documentation.

CONSIDERATION OF EVIDENCE:

1.  On 29 March 1966, the applicant was inducted into the Army of the
United States for a period of 2 years.  He completed basic combat training
(BCT) and advanced individual training (AIT).  Upon graduation from AIT, he
was awarded military occupational specialty (MOS) 57E20, Laundry and
Impregnation Specialist.

2.  He was originally assigned to the 82nd Quartermaster Detachment
(Laundry), Fort George G. Meade, Maryland.  His unit was reassigned to
Vietnam.  He served in Vietnam from 2 May 1967 to 18 August 1967.

3.  On 22 March 1968, the applicant was honorably released from active duty
and assigned to the U.S. Army Reserve Control Group (Annual Training).  His
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 Campaign Medal, the Vietnam Service Medal, the Sharpshooter
Marksmanship Qualification Badge with M-14 Rifle Bar and the Sharpshooter
Marksmanship Qualification Badge with M-16 Rifle Bar.  He was subsequently
honorably discharged from the U.S. Army Reserve Control Group
(Reinforcement) on 28 March 1972.

4.  The applicant's name is not listed in the Vietnam Casualty Listing as
having been wounded.  Additionally, his DA Form 20 (Enlisted Qualification
Record) has no entry in Item 40 (Wounds).  Item 41 (Awards and Decorations)
shows no entry for the award the Purple Heart.

5. The applicant's available medical records do not show any wounds as a
result of hostile fire action.  There is evidence that he was hospitalized
for removal of his left testicle as a result of a suspected sexual
transmitted disease.  Item 18 (Assignment Limitations) of his DA Form 20
shows he had a nervous disorder.  He was not to be assigned to isolated
areas where definitive medical care is not available.  Further this item
indicates no assignment near a combat area.

6.  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, and the medical treatment must have been made a matter of
official record.  This regulation also provides that there is no statute of
limitations on requests for award of the Purple Heart.

7.  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.

8.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in Appendix B
of this regulation and states that authorized bronze service stars will be
worn on the appropriate service medal.  The applicant served in Vietnam
during two campaigns -- Vietnam Counteroffensive, Phase II, which extended
from 1 July 1966 through 31 May 1967; and Vietnam Counteroffensive, Phase
III, which extended from 1 June 1967 through 29 January 1968.

9.  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 show the unit to which the applicant was
assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 20 July 1965 to 28 March 1973 by Department of the
Army General Orders Number 8, dated 1974.  The unit was also awarded the
Meritorious Unit
Commendation for the period 19 June 1967 to 1 February 1969 by Department
of the Army General Orders Number 39, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was wounded by hostile fire
action.  He is not listed on the Vietnam Casualty Listing, his DA Form 20
shows no entries of wounds or of the Purple Heart being awarded to him, and
his records contain no orders awarding him the Purple Heart.  His available
medical records show no evidence of any wounds as a result of hostile fire
action.  Additionally, the applicant has provided no evidence with his
application as to the date of the alleged action, place of the action, or
the circumstances that caused a wound as a result of hostile fire action.
Therefore, he is not entitled to a correction of his records to show the
award of the Purple Heart.

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award.  However, evidence of record shows the applicant
participated in two campaigns during his assignment in Vietnam which are
not correctly shown by award of two bronze service stars for wear on his
Vietnam Service Medal.  Therefore, in accordance with the governing
regulation, the applicant is entitled to the Vietnam Service Medal with two
bronze service stars and correction of his DD Form 214 to show these
awards.

3.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is
entitled to correction of his records to show award of this foreign unit
award on his DD Form 214.

4.  General Orders show the applicant is entitled to award of the
Meritorious Unit Commendation.  Therefore, he is entitled to a correction
of his records to show this award on his DD Form 214.

5.  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

__wfc___  __jcr___  __dwt___  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 by adding two bronze service stars to his Vietnam Service Medal,
adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
the Meritorious Unit Commendation to his DD Form 214.



                                        William F. Crain
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000272                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060921                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0094                                |
|3.                      |107.0034                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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