RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 June 2007
      DOCKET NUMBER:  AR20060017096


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Chester A. Damian             |     |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 is missing the Purple Heart from wounds
received around June 1966 when he was stationed at the 8th Field Hospital
in Nha Trang, Vietnam.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Separation or Discharge) and a Standard Form 180 (Request
Pertaining to Military Records).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 August 1966.  The application submitted in this case
is dated     10 October 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 enlisted in the Regular Army on 30 September 1963.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty (MOS) 910.00 (Medical Corpsman).
He was later awarded MOS 913.10 (Operating Room Specialist).

4.  The applicant arrived in Vietnam on 28 August 1965 with his unit, the
523d Field Hospital.

5.  On 23 August 1966, the applicant completed a separation physical
examination conducted at the 8th Field Hospital.  His Standard Form 89
(Report of Medical History) indicates he was treated at the 8th Field
Hospital on an unknown date for “poss AP” (most likely, possible
appendicitis).

6.  He departed Vietnam on 24 August 1966 after being credited with
participation in three campaigns.

7.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20
(Enlisted Qualification Record) does not show he was awarded the Purple
Heart.  Item     40 (Wounds) does not show he was wounded in action.

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

9.  The applicant was honorably released from active duty on 28 August 1966
in the rank of Specialist Five, E-5 after completing 2 years, 10 months,
and 29 days of creditable active service.  His DA Form 20 shows his conduct
and efficiency were rated as “excellent” throughout his enlistment.  There
is no derogatory information in his personnel records.

10.  The applicant’s DD Form 214 shows he was awarded the Vietnam Service
Medal, the National Defense Service Medal, and the Republic of Vietnam
Campaign Medal with device 1960.

11.  On 21 June 1967, the Veterans Administration requested the applicant’s
service medical records.  A VA Form 07-3101 (Request for Information) dated
  21 June 1967 indicates the applicant had been treated for gastroenteritis
and amoebic dysentery in January or February 1966 at the field hospital in
Nha Trang, Vietnam.

12.  Army Regulation 600-8-22 (Military Awards) states 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.

13.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation.  This regulation states that authorized bronze service stars
will be worn on the appropriate campaign or service medal including the
Vietnam Service Medal.

14.  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.

15.  Department of the Army General Orders Number 8, 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant provided no evidence
to show he was wounded as a result of hostile action or that he was awarded
the Purple Heart.

2.  The applicant’s DA Form 20 does not show he was wounded in action.  His
name is not listed on the Vietnam Casualty Roster.  His Standard Form 93
indicated that he had been treated only for “poss AP.”  That entry most
likely meant possible appendicitis, especially in light of the VA Form 07-
3101, dated less than one year after he separated, that indicated that he
had been treated only for gastroenteritis and amoebic dysentery.  One
symptom of both appendicitis and gastroenteritis is abdominal pain.

3.  There is insufficient evidence that would warrant granting the relief
requested.

4.  The evidence of record shows the applicant is eligible to wear three
bronze service stars on his Vietnam Service Medal.  His DD Form 214 should
be amended to reflect this fact.

5.  The applicant separated in the rank of Specialist Five, E-5 after
completing     2 years, 10 months, and 29 days of creditable active
service.  His conduct and efficiency were rated as “excellent” throughout
his enlistment and there is no derogatory information in his personnel
records.  Therefore, it appears he met the eligibility criteria for award
of the Army Good Conduct Medal.

6.  All units stationed in Vietnam were awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  This unit award should be added
to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 August 1966; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         27 August 1969.  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

__lds___  __jrs___  __cad___     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 first award of the Army Good Conduct Medal for
the period 30 September 1963 through 28 August 1966; and

     b.  adding the Army Good Conduct Medal and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation to his DD Form 214 and by showing
he is eligible to wear three bronze service stars on his already-awarded
Vietnam Service Medal.

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.




                            __Linda D. Simmons___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017096                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070605                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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