RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 May 2007
      DOCKET NUMBER:  AR20060014987


      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      |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Mr. David Haasenritter            |     |Member               |
|     |Mr. Edward Montgomery             |     |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 the Purple Heart be included on his Report
of Transfer or Discharge (DD Form 214).

2.  The applicant states that due to all of the medals that he received in
Vietnam, he never received his Purple Heart.  He states that somehow his
Purple Heart got crossed in the mail.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  On 17 May 1968, the applicant was inducted into the Army and he
successfully completed his training as an infantry indirect fire crewman.


2.  The applicant was promoted to the pay grade of E-2 on 17 September
1968.  On 20 September 1968, the applicant was promoted to the pay grade of
E-3 and he was transferred to Vietnam.  He was subsequently promoted to the
pay grade of E-4 on 26 February 1969.  The applicant returned to the
Continental United States on 11 October 1969 and he was assigned to Fort
Gordon, Georgia as an instructor.

3.  The applicant's Enlisted Qualification Record (DA Form 20) that was
completed prior to his release from active duty (REFRAD) indicates that his
conduct and efficiency ratings were excellent while he was in the Army, and
that he was awarded the National Defense Service Medal, the Combat
Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam
Campaign Medal w/Device 1960, the Army Commendation Medal, the Bronze Star
Medal, two Overseas Service Bars, and the Marksman Marksmanship
Qualification Badge (Rifle M-14).

4.  The available records fail to show that the applicant was
wounded/injured as a direct result of hostile action by enemy forces.
Additionally, his name is not listed on the Vietnam Casualty Roster.

5.  The applicant was honorably REFRAD on 10 March 1970, due to early
release of personnel assigned to installations or units scheduled for
inactivation.  The DD Form 214 that he was furnished at the time of his
REFRAD indicate that the was awarded the National Defense Service Medal,
the Combat Infantryman
Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal
w/Device 1960; the Army Commendation Medal; the Bronze Star Medal, two
Overseas Service Bars, and the Marksman Marksmanship Qualification Badge
(Rifle).

6.  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.

7.  Army Regulation 672-5-1, in effect at the time, provides that the Good
Conduct Medal is awarded to individuals who have completed a qualified
period of active duty enlisted service.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.  The enlisted person must have had
all “excellent” conduct and efficiency ratings and no convictions by a
court-martial.  Ratings of "Unknown" for portions of the period under
consideration are not disqualifying.  Service and efficiency ratings based
upon academic proficiency of at least "Good" rendered subsequent to 22
November 1955 are not disqualifying.

8.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows the unit the applicant
was assigned to was awarded the Presidential Unit Citation, for the period
10 through 21 May 1969, by Department of the Army General Order (DAGO)
Number 16, dated 1972; the Valorous Unit Award, for the period 17 April
through 7 May 1969, by DAGO Number 2, dated 1971; the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 19 July 1968
through 14 May 1969, by DAGO Number 43 dated 1970; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for
the period 3 October 1968 through 2 May 1970, by DAGO Number 48 dated 1971.


DISCUSSION AND CONCLUSIONS:

1.  In accordance with the applicable regulation, the Purple Heart is
awarded for a wound sustained as a result of hostile action and
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.  There is no evidence in the
available records nor has the applicant submitted any evidence that shows
that he met the criteria for award of the Purple Heart.  Therefore, it
appears that the Purple Heart was properly omitted from his DD Form DD Form
214.

2.  However, there is no evidence in the available records that preclude
the applicant from being awarded the Good Conduct Medal for his service in
the Army from 17 May 1968 through 10 March 1970 while serving in the rank
and pay grade of specialist four (E-4).  Therefore, it would now be
appropriate to award the applicant the Good Conduct Medal and include it on
his DD Form 214.

4.  His records also show that he is entitled to award of the Presidential
Unit Citation, the Valorous Unit Award, the Republic of Vietnam Gallantry
Cross w/Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.  These decorations should also be included
on his DD Form 214 and it would be appropriate to correct his records to
reflect his awards.

5.  In view of the foregoing, it would now be in the interest of justice to
correct the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___PS __  ___DH __  ___EM __  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by awarding him the Good Conduct Medal for his
service in the Army from 17 May 1968 through 10 March 1970, while serving
in the rank and pay grade of specialist four (E-4), the Presidential Unit
Citation, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross
w/Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation and amend his DD Form 214 accordingly.

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.




                                  ______  Paul Smith_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014987                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |22070501                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL RELIEF                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.  77                  |107.0031/PRESIDENTIAL UNIT CITATION     |
|4.  79                  |107.0033/VALOROUS UNIT AWARD            |
|5.  102                 |107.0056/GOOD CONDUCT MEDAL             |
|6.  140                 |107.0094/RVGC W/PALM UNIT CITATION      |


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