RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 June 2007
      DOCKET NUMBER:  AR20060016370


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Joe Schroeder                 |     |Member               |
|     |Mr. Chester 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 that orders be published awarding him the Purple
Heart.

2.  The applicant states that he was supposed to be furnished the Purple
Heart in 1968.

3.  The applicant provides in support of his application, a notarized
statement from a retired lieutenant colonel dated 26 October 2006; a self-
authored statement dated 8 August 2006; an undated letter from the National
Combat Infantrymen's Association, State Company Commander; and a letter
from an Army retired mortar platoon sergeant dated 2 August 2006, all
contending to the fact that he was wounded while he was in Vietnam.  He
also submits a copy of the Daily Staff Journal or Duty Officer's Log dated
18 May 1968.

CONSIDERATION OF EVIDENCE:

1.  On 10 September 1963, the applicant enlisted in the Arizona Army
National Guard (AZARNG) for 6 years, in the pay grade of E-1.  He was
ordered to active duty for training as a light weapon infantryman.  Upon
completion of his training, which totaled 6 months, he was released from
active duty and he was transferred to the AZARNG to complete his remaining
service obligation.

2.  On 14 December 1964, the applicant enlisted in the Regular Army (RA)
for 3 years, in the pay grade of E-2.  He reenlisted in the RA for 6 years
on 14 December 1965.  He was promoted to the pay grade of E-3 on 14 April
1965, promoted to the pay grade of E-4 on 10 January 1966, and promoted to
the pay grade of E-5 on 23 October 1966.

3.  A review of the Vietnam Casualty Reference Name Listing shows that the
applicant was in Vietnam serving in the pay grade of E-5 when he was
wounded while in action on 2 May 1968.  However, it does not appear that
orders were ever published awarding him the Purple Heart.

4.  The applicant was promoted to the pay grade of E-6 on 22 June 1968 and
he remained on active duty in the RA through a series of reenlistments.




5.  He went on to be promoted to the pay grade of E-7 on 2 August 1974 and
promoted to the pay grade of E-8 on 1 March 1982.

6.  The applicant was honorably retired from the Army on 31 July 1984.  The
Certificate of Release or Discharge (DD Form 214) that he was furnished
shows that he was awarded the Congressional Medal of Honor, the
Distinguished Service Cross, the Bronze Star Medal, the Vietnam Service
Medal, the National Defense Service Medal, the Combat Infantryman Badge,
the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry
Cross with Palm Unit Citation; the Driver Badge with Device, the Army
Service Ribbon, Four Overseas Service Bars, Two Overseas Service Ribbons,
the Army Good Conduct Medal (5th Award), the Army Commendation Medal with
Three Oak Leaf Clusters, the Noncommissioned Officer Professional
Development Ribbon with Numeral 4, and the Legion of Merit.

7.  Three of the statements that the applicant has submitted in support of
his application indicate that he sustained a shrapnel wound to his hand
when the company that he was assigned to was under attack by an enemy force
employing simultaneous mortars.  The applicant's statement indicates that
the wound was to his right hand and all four of the statements indicate
that the attack occurred on or about 18 May 1968.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound/injury sustained while in
action against an enemy or as a result of hostile action.  Substantiating
evidence must be provided to verify that the wound/injury was the result of
hostile action, the wound/injury must have required treatment, and the
medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  Although the statements that the applicant submitted in support of his
application indicate that he was wounded on 18 May 1968, the Vietnam
Casualty Reference Name Listing shows that he was wounded on 2 May 1968 and
that at the time he was wounded, he was serving in the rank of sergeant.

2.  The applicant's name is included on the Vietnam Casualty Reference Name
Listing; however, it does not appear that orders were ever published
awarding him the Purple Heart and the decoration was never included on his
DD Form 214.

3.  The documentation submitted by the applicant has been noted.
Nonetheless, considering all the evidence of record, it appears that the
applicant should have been awarded the Purple Heart for the shrapnel wound
that he sustained to his right hand on 2 May 1968, as a result of hostile
action.

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

BOARD VOTE:

___LS___  __JS    __  ___CD __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
publishing orders and awarding him the Purple Heart for the shrapnel wound
that he sustained to his right hand on 2 May 1968, while serving in Vietnam
in the rank of sergeant (E-5) and amending his DD Form 214 accordingly.




                                  _____ Linda Simmons________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060016370                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070605                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  61                  |107.0015/PURPLE HEART.                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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