RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 NOVEMBER 2006
      DOCKET NUMBER:  AR20060003538


      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. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Robert Soniak                 |     |Member               |
|     |Mr. David 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 award of the Purple Heart.

2.  The applicant states, in effect, that on 28 December 1968 he received
wounds from fragments of a booby trap mine that was stepped on by another
Soldier.  He explains that his unit was sent on a search and destroy
mission.  They were in a heavily booby trapped area when a Soldier hit a
mine.  He recalls that he was standing a few meters from the explosion and
was hit in the right arm, neck, and side by the fragments.  The applicant
states that he was treated in the field by the medic while the other
Soldiers were evacuated.  He also maintains that on        12 January 1968,
he was injured in a chopper crash and hospitalized for six weeks.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), self-authored statement,
supporting statements, Technical Report of the US Army Aircraft Accident
with photos, and Western Union Telegrams.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he was inducted into the
Army of the United States on 26 July 1967.  He served in Vietnam from 2
April 1968 to
1 April 1969.  He was assigned first to Company E, 5th Battalion, 12th
Infantry, 199th Infantry Brigade and later to Company D, 2nd Battalion, 3rd
Infantry, 199th Infantry Brigade.  The applicant was honorably released
from active duty on
2 April 1969.

2.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not list the award of the Purple Heart.  There are no general orders
awarding him the Purple Heart in his military service records.

3.  The applicant’s former platoon leader and former rifleman provided
supporting statements in which they verified the applicant’s wounding.  The
platoon leader recalled that immediately after the applicant received
shrapnel wounds from an exploding landmine, he (platoon leader) called for
a medic.  The platoon leader said that the medic treated the applicant and
two other platoon members in the field.  The rifleman stated that the
applicant had 12 to 15 punctured wounds on his neck, upper right arm, and
right side.


4.  The platoon medic also provided a supporting statement that
corroborates the information provided by the applicant, his platoon leader,
and the rifleman.  Additionally, the medic stated that he extracted several
small fragments from the applicant’s neck, side, and arm, and dressed his
wounds.

5.  The applicant provided two Western Union Telegrams on a Soldier (not
the applicant) that was wounded in Vietnam on 28 December 1968.  A review
of the telegrams confirmed that the Soldier was wounded while on a combat
operation when hit by fragments from a hostile booby trap.

6.  The Technical Report of the US Army Aircraft Accident, with photos,
confirmed that an investigation board was conducted to ascertain the cause
of the accident which occurred on 12 January 1969.  The accident report
identified the applicant as one of the passengers who was injured during
the helicopter crash.  The investigating officer concluded that the primary
cause of the accident, in his opinion, was the environmental factor of
extremely dusty conditions in which the landing took place.  There was no
mention of hostile action in connection with the helicopter crash.

7.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification
Record) shows no entries of any wounds received.

8.  There is no documentation in the available records which shows that the
applicant sustained wounds or was treated for wounds incurred as a result
of hostile action.

9.  There is no evidence or any general orders awarding the applicant the
Purple Heart and his name is not listed on the Vietnam Casualty Roster.

10.  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.

11.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.

12.  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 5th Battalion, 12th
Infantry, to which the applicant was assigned, was cited for award of the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and
the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Department of the Army General Orders Number 51, dated 1971.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four 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 following campaigns:
Vietnam Counteroffensive Phase IV; Vietnam Counteroffensive Phase V;
Vietnam Counteroffensive Phase VI; and TET 69 Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available which awarded the applicant the
Purple Heart.  There are no medical records available which show the
applicant was wounded or treated for wounds as a result of hostile action
during his service in Vietnam.  There is no reason to doubt the statements
provided by the applicant’s former platoon leader, rifleman, and medic;
however, without medical evidence verifying the applicant's wounding, there
is an insufficient basis for award of the Purple Heart in this case.

2.  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:

___JR  __  ___RS __  ___DT __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board
unanimously determined during their review that the available evidence
presented was sufficient to warrant a recommendation for full relief and to
excuse failure to timely file.  The applicant has presented an eyewitness
statement from the attending medic and a supporting statement from the
platoon leader and fellow Soldier.  The medic indicates that he pulled
fragments from the applicant’s neck, side, and arm.  As a result, the Board
determined that the overall merits of this case are sufficient as a basis
for correction of the records of the individual concerned to show award of
the Purple Heart for wounds received on
28 December 1968.

2.  The Board further determined that administrative error in the records
of the individual concerned should be corrected.  Therefore, the applicant
is entitled to award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation and the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and four bronze service stars to be affixed to his
already-awarded Vietnam Service Medal.




                                  ____ Jeffrey Redmann_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003538                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061116                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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