RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 November 2006
      DOCKET NUMBER:  AR20060004560


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Patrick H. McGann, Jr.        |     |Chairperson          |
|     |Mr. Richard G. Sayre              |     |Member               |
|     |Mr. David K. 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 that he be awarded the Purple Heart.

2.  The applicant states that he was wounded while assigned to B Company,
2nd Battalion, 501st Infantry, 1st Infantry Division.  A medic, Specialist
Five Joel A. K____ removed fragments from his back and annotated the
treatment in his service medical record.

3.  The applicant provides a statement from Joel A. K____, Command Sergeant
Major (Retired), copies of his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 September 1971, the date of his separation from active
duty.  The application submitted in this case is dated 17 March 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted and entered active duty on 3 February 1970.
He completed training and was awarded military occupational specialty (MOS)
11B10 as a light weapons infantryman.  Orders in his record indicate that
he qualified with various weapons as follows: Expert with .45 pistol and
M79 grenade launcher and M60 machine gun and Sharpshooter with the M16A1
rifle.
4.  He reported for duty in Vietnam with Headquarters and Headquarters
Company (HHC), 2nd Battalion, 501st Infantry on 14 July 1970.  He was
transferred to B Company, 2nd Battalion, 501st Infantry on 7 January 1971.


5.  Orders in his record indicate that Headquarters 101st Airborne Division
awarded him the Combat Infantryman Badge on 7 September 1970, advanced him
to pay grade E4 and awarded MOS P11B29 in March 1971, awarded him the Air
Medal by General Orders Number 2294, dated 17 March 1971 and the Bronze
Star Medal by General Orders Number 3146 dated 16 April 1971.

6.  The applicant returned to the United States on 13 June 1971 and was
separated early to attend school on 3 September 1971.  His DD Form 214
lists his authorized awards as the National Defense Service Medal, the
Combat Infantryman Badge, the Air Medal, the Army Commendation Medal, the
Vietnam Service Medal with one bronze service star and the Republic of
Vietnam Campaign Medal with "1960" Device.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) item 41
lists his authorized awards as the National Defense Service Medal, the
Combat Infantryman Badge, the Vietnam Service Medal and the Republic of
Vietnam Campaign Medal.  It also lists the weapons for his various
marksmanship qualifications but not the level of qualification.  Item 39
credits him with participation in one campaign period.  Item 40 (Wounds) is
blank.  Item 38 (Record of Assignments) shows that his conduct and
efficiency ratings were exclusively excellent throughout his period of
active duty service.

8.  The applicant’s service medical records are available and apparently
complete.  There is no entry concerning fragment or shrapnel wounds.  The
medical history that the applicant submitted for his 13 August 1971
physical examination for separation did not mention any combat wounds but
did contain descriptions of the "GI’s" and a laceration to his right eye.
The line of duty determination for the latter injury indicates the
applicant cut himself with a knife while rigging booby traps.

9.  The applicant’s name does not appear on the Vietnam Casualty Roster and
a search of his unit’s records at the National Archives, College Park,
Maryland failed to disclose any supporting documentation.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Purple Heart is awarded for a wound sustained while in
action against an enemy or 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.  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.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service except that a service school efficiency
rating based upon academic proficiency of at least "good" rendered
subsequent to 11 November 1956 was not disqualifying.  However, there was
no right or entitlement to the medal until the immediate commander made a
positive recommendation for its award and until the awarding authority
announced the award in orders.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, during the applicant’s tenure
with the 2nd Battalion, 501st Infantry was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil
Actions Honor Medal with Palm First Class Unit Citation.

14.  The statement from now retired Command Sergeant Major Joel A. K____,
states that he was monitoring the radio on April 9-10 1971 while the
applicant was on patrol.  Later, he took 5-6 pieces of shrapnel from the
applicant’s back.  He completed a field medical card and made an entry in
the applicant’s medical record.  He sent a copy of the field medical card
to the company commander and to HHC, 2nd Battalion, 501st Infantry.

DISCUSSION AND CONCLUSIONS:

1.  The supporting statement of CSM K____ is noted.  Unfortunately, in the
absence of substantiation in the official records indicating treatment for
the subject wound, the available evidence does not fulfill the regulatory
requirements for award of the Purple Heart.

2.  The applicant clearly distinguished himself as evidenced by his
personal decorations, promotions and conduct and efficiency ratings.  He
should be awarded the Good Conduct Medal and it should be shown on his DD
Form 214.

3.  The applicant received awards that should be displayed on his DD Form
214:

      a.  the Bronze Star Medal;

      b.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Republic of Vietnam Civil Action Honor Medal First Class with Palm
Unit Citation;

      c.  the Expert Marksmanship Qualification Badge with Pistol,
Machinegun and Grenade Bars and;

      d.  the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.


4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 September 1971, the date of his
separation from active duty; therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 2 September
1974.  The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence, it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__DKH__  __RGS __  _PHM __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  awarding him the Good Conduct Medal for the period from 3
February 1970 through 3 September 1971 and;

      b.  showing that, in addition to the awards currently shown on his DD
Form 214, his authorized awards also include the Bronze Star Medal, the
Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Republic of Vietnam Civil Actions Honor Medal First Class
with Palm Unit Citation and; the Expert Marksmanship Qualification Badge
with Pistol, Machinegun and Grenade Bars and the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart.





                                  __   Patrick H. McGann, Jr. ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004560                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061107                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . . . .                             |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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