RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 NOVEMBER 2006
      DOCKET NUMBER:  AR20060004371


      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. Patrick McGann                |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |Member               |
|     |Mr. David Haasenritter            |     |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 he was injured on 28 June 1968 in
Phouc Vinh, Republic of Vietnam, during a mortar attack.  The applicant
admits that he was scrambling for cover when he dove into what he believed
was a shallow ditch.  The ditch turned out to be deeper than what he
thought and he dislocated his right shoulder.  He was medically evacuated
to the 93rd Evacuation Unit for treatment.  The applicant maintains that a
discussion for the award of the Purple Heart took place; however, based on
the seriousness of the other Soldiers’ injuries, his paperwork did not go
forward.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge), supporting statements, and medical
records.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant enlisted into the Regular Army on 15 July
1966.  He was appointed as a warrant officer in the United States Army
Reserve on    30 June 1967.  His unit of assignment and period of service,
while assigned in the Republic of Vietnam, are unknown.  The applicant was
honorably discharged on 27 June 1970.

2.  The applicant provided a supporting statement from a former comrade who
said that he and the applicant served as aircraft commanders, fire team
leaders, standardization pilots, and also shared living quarters.  The
former comrade recalled that on about 28 June 1968, at approximately 2100
hours, the platoon came under a close enemy mortar attack while conducting
post flight duties on the flight line.  The former comrade admitted that he
and his crew sought cover in a below ground bunker.  During the mortar
attack, he said the applicant entered the bunker holding his arm and he was
obviously in great pain.  The former comrade said he assumed the applicant
had been hit by shrapnel, but the applicant had jumped into a ditch during
the attack and it was apparent that he had jumped in one of the deeper
ditches.  Several minutes after the attack, the applicant was escorted to
the 758th Medical Detachment and diagnosed with a dislocated right
shoulder.  The applicant was evacuated to Bien Hoa with the other Soldiers
that had been injured during the attack.

3.  The former flight surgeon admitted in his statement that since mortar
attacks and injuries were so common, he did not recall the exam or the
event concerning the applicant’s wounding.  He admitted that his lack of
adequate medications necessary to relax and sedate a dislocated shoulder
resulted in his usual treatment, which was to refer him and other Soldiers
to the 93rd Evacuation Hospital.

4.  The applicant’s medical records dated 1 July 1968 diagnosed him with
dislocation of right shoulder.  The records verified that the applicant
"stepped in hole during mortar attack and fell at 2200 hours on 28 June
1968."  The applicant’s injury was determined to be in line of duty.

5.  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 applicant’s name is not listed on the Vietnam Casualty Roster.

6.  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.

7.  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.

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

9.  The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) provides, in pertinent part, for award of
the Republic of Vietnam Gallantry Cross Unit Citation with Palm to all
individuals who served in Vietnam between 20 July 1965 and 28 March 1973 in
an unit which was subordinate to Headquarters, United States Army Vietnam.
Although the applicant's unit of assignment was unknown, his unit would
have been subordinate to Headquarters, United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available which awarded the applicant the
Purple Heart.  By his own admission and the evidence provided, he was
injured when he was scrambling for cover and jumped into a ditch and
dislocated his right shoulder.  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.  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

___PM __  ___RS __  ___DH __  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.




                                  _____Patrick McGann_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004371                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061107                                |
|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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