RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 OCTOBER 2006
      DOCKET NUMBER:  AR20060002345


      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:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Gerald Purcell                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 effect, award of the Purple Heart and the
Combat Infantryman Badge (CIB).

2.  The applicant states that he feels since he was shot by the enemy, he
probably qualifies for a CIB.  He maintains that because his leg was
crushed with an injury equal to or worse than a lot of flesh wounds he
observed due to hostile enemy fire, he also may qualify for award of the
Purple Heart.  The applicant states that he was evacuated to Cam Ranh, then
to Tokyo and finally to Denver before anyone had a chance to find out what
happened.  The applicant explains that he was in a hot combat area of a war
zone and acting on the orders of his commander, took the colonel’s driver
and jeep in search of a drum to use in building a shower.  The driver fell
asleep while driving the jeep over a rough washboard two-rut road.  The
applicant states that he was pinned under the windshield of the overturned
jeep for approximately 90 minutes until a platoon lifted the jeep off his
leg.  Since that time, the applicant admits that his leg has been set
several times at an underground medical unit, three times in Tokyo, and
twice at Fitzsimmons Army Hospital in Denver.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant was commissioned as a second lieutenant,
Infantry Officer, in the United States Army Reserve on 10 December 1968.
He served in the Republic of Vietnam from 19 July 1969 to 18 December 1969.
 He was honorably discharged on 9 December 1970.

2.  The applicant’s DA Form 66 (Officer Qualification Record) shows that he
was assigned to the 4th Administration Company and the 21st Public
Information Detachment, 4th Infantry Division, during his tour in Vietnam.
This form also shows he performed the duties of military occupation
specialty 5505 (Information Officer).

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 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 portion of the Vietnam Casualty Roster that may have contained the
applicant’s name was unreadable.
4.  There is also no evidence or any orders awarding the applicant the CIB.
 There is no evidence to show that while the applicant was assigned to the
4th Infantry Division, he served in active ground combat.

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.  This regulation also states that there
is no time limit on requests for award of the Purple Heart.

6.  Army Regulation 600-8-22 (Military Awards) provides that the CIB is
awarded to infantry officers and to enlisted and warrant officer persons
who have an infantry MOS.  They must have served in active ground combat
while assigned or attached to an infantry unit or brigade, regimental or
smaller size.

7.  Review of the applicant's DD Form 214 indicates that he is entitled to
an additional award that was not shown on this form.

8.  The applicant's DD Form 214 does not list award of 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 the 4th Administration Company, to which the applicant
was assigned, was cited for award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm by Department of the Army General Order
Number 52, dated 1971.

9.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in two 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 award of the Vietnam Service Medal.  His
records also indicate that he participated in the Vietnam Summer-Fall 1969
and Vietnam Winter-Spring 1970 campaigns, but no bronze service stars are
listed.







DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available which awarded the applicant the
Purple Heart.  By his own admission, he was injured when the colonel’s
driver fell asleep while driving the jeep and he (applicant) was pinned
under the windshield of the overturned jeep.  Therefore, since there are no
medical records available that show the applicant was wounded or treated
for wounds as a result of hostile action, there is an insufficient basis
for award of the Purple Heart.

2.  There is also no evidence in the available records to show that the
applicant should be awarded the CIB.  There is no evidence that the
applicant served in an infantry unit of regimental size or smaller in
active ground combat, which is required by regulation for award of the CIB.
 In view of this fact, there is insufficient basis for award of the CIB.

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

___JI  ___  __GP  __  ___KJ___  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 award of the Republic of Vietnam Gallantry Cross Unit
Citation with Palm and two bronze service stars to be affixed to his
already awarded Vietnam Service Medal.




                                  ______John Infante_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002345                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061012                                |
|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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