RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 OCTOBER 2006
      DOCKET NUMBER:  AR20060002467


      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. 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 award of the Purple Heart.

2.  The applicant states he was wounded while serving in Vietnam and was
told that he was eligible for an award of the Purple Heart but never
received it.

3.  The applicant indicated that he was providing a copy of a Department of
Veterans Affairs document indicating a noncompensable rating by that agency
for shrapnel wounds.  However, the document was not with the application
when it arrived at the Board.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant was inducted and
entered active duty on 28 November 1966.  He was trained as an infantryman
and in March 1968 he was assigned to the 2nd Battalion, 16th Infantry, in
Vietnam as a rifleman.

2.  The applicant remained in Vietnam until November 1968 when he returned
to the United States.  He underwent a separation physical examination on
18 November 1968 which made no mention of any wounds incurred as a result
of hostile action while in Vietnam.

3.  The applicant was released from active duty on 18 November 1968.  His
separation document does not reflect entitlement to the Purple Heart and
item 40 (wounds) is blank.  The applicant's name is not among a list of
individuals reported as combat casualties during the Vietnam War and the
applicant did not provide any service medical records confirming treatment
of any wounds by a medical officer during the period in question.

4.  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.






5.  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.

6.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in four designated campaigns (Vietnam
Counteroffensive Phases IV V and VI, and TET Counteroffensive) during the
applicant’s period of assignment.  Four bronze service stars on the Vietnam
Service Medal, which is recorded on his separation document, should reflect
his campaign participation.  His unit was also awarded the Republic of
Vietnam Gallantry Cross Unit Citation with Palm and a Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation during his tenure with
the organization.  The unit awards were also omitted from his separation
document.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, which
confirms that he was wounded as a result of hostile action while in
Vietnam.  In the absence of medical evidence confirming he was wounded,
that such wounds were treated by a medical officer and made a matter of
official record, there is no basis for 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

___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 entitlement to four bronze service stars on his Vietnam
Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with
Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.




                                  ______John Infante__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002467                           |
|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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