RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 September 2007
      DOCKET NUMBER:  AR20070004413


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Ms. Carmen Duncan                 |     |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, in effect, award of the Purple Heart (PH) and
correction of his record to show all unit awards to which he is entitled.

2.  The applicant states, in effect, his separation document (DD Form 214)
does not include all the awards to which he is entitled.  He claims he
should have received the PH for a shrapnel wound he received to his
shoulder while serving in the field in combat in the Republic of Vietnam
(RVN).  He states that the field medical corpsman (MEDIC) did not have the
forms to submit for him to receive the PH.  He claims to have been sent to
a field hospital in Dau Tang, RVN.  He states he should have received the
PH.

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

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he was inducted into the Army and
entered active duty on 2 May 1967.  He was trained in and awarded military
occupational specialty (MOS) 11B (Infantryman), and specialist four is the
highest rank he attained while serving on active duty.

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
the applicant served in the RVN from 5 November 1967 through 30 November
1968. Item 38 (Record of Assignments) shows that during his RVN tour, he
was assigned to Company D, 2nd Battalion, 12th Infantry Regiment,
performing duties in MOS 11B as an infantry rifleman and team leader, from
14 November 1967 through 27 July 1968; and to Detachment 1, 25th Adjutant
General Detachment, performing duties in MOS 71H as a clerk, from 28 July
through
30 November 1968.
4.  Item 38 of the applicant's DA Form 20 also shows the applicant received
excellent conduct and efficiency ratings at all of his active duty
assignments.  Item 40 (Wounds) is blank and the PH is not included in the
list of awards contained in Item 41 (Awards and Decorations).  Item 41 does
show the applicant earned the following awards during his active duty
tenure:  National Defense Service Medal (NDSM); Vietnam Service Medal
(VSM); RVN Campaign Medal (RVNCM); Combat Infantryman Badge (CIB); Expert
Marksmanship Qualification Badge with Machinegun Bar; and Sharpshooter
Marksmanship Qualification Badge with Rifle (M-14 & M-16) Bar.

5.  The applicant's Military Personnel Record Jacket (MPRJ) is void of any
derogatory information or a unit commander disqualification that would have
precluded the applicant from receiving the Army Good Conduct Medal (AGCM).
His MPRJ is void of any orders or other documents that show he was ever
recommended for or awarded the PH while serving on active duty, and there
are no medical treatment records on file that indicate he was ever treated
for a combat-related wound by military medical personnel.

6.  On 2 December 1968, the applicant was honorably released from active
duty after completing 1 year, 7 months, and 1 day of active military
service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was
issued at the time shows he earned the following awards during his active
duty tenure:  NDSM; VSM; RVNCM; and CIB.  The PH is not included in the
list of awards contained in Item 24 and the applicant authenticated this
document with his signature in Item 32 (Signature of Person Being
Transferred or Discharged) on the date of his release from active duty.

7.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The
applicant's name was not included on this casualty list.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that the wound for
which the award is being made was received as a result of enemy action,
that the wound required treatment by military medical personnel, and a
record of this treatment must have been made a matter of official record.



9.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.
It states, in pertinent part, that a bronze service star is authorized with
this award for each campaign a member is credited with participating in
while serving in the RVN.  A silver service star is used in lieu of 5
bronze service stars to denote participation in 5 campaigns.

10.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying 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, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (2nd Battalion, 12th Infantry
Regiment) received the Valorous Unit Award (VUA), RVN Gallantry Cross with
Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit
Citation.  It also shows that during this period participating credit was
granted for the Vietnam Counteroffensive Phase III, TET Counteroffensive,
Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and
the Vietnam Counteroffensive Phase VI campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully
considered.  However, by regulation, in order to support award of the PH
there must be evidence confirming that the wound for which the award is
being made was received as a result of enemy action, that it required
treatment by military medical personnel, and a record of this treatment
must have been made a matter of official record.

2.  Item 40 the applicant's DA Form 20 is blank, which indicates he was
never wounded in action, and the PH is not included in the list of awards
contained in Item 41.  His MPRJ is void of any orders or other documents
showing that he was ever recommended for or awarded the PH by proper
authority while serving on active duty.  His records also contain no
medical treatment records verifying that he was ever treated for a combat-
related wound while serving in the RVN.
3.  Further, the PH is not included in the list of awards contained in Item
24 of the applicant's DD Form 214, which he authenticated with his
signature on the date of his separation.  In effect, his signature was his
verification that the information contained on the separation document, to
include Item 24, was correct at the time the DD Form 214 was prepared and
issued.  Finally, his name is not included on the Vietnam Casualty Roster,
the official DA list of RVN battle casualties.  Absent any documentary
evidence confirming that the applicant was wounded in action while serving
in the RVN, the regulatory burden of proof necessary to support award of
the PH has not been satisfied in this case.  Therefore, it would not be
appropriate or serve the interest of all those who served in the RVN and
who faced similar circumstances to award the applicant the PH at this late
date.

4.  The applicant's record does confirm that he received "Excellent"
conduct and efficiency ratings at all of his active duty assignments.
Further, the record is void of any derogatory information or a specific
unit commander disqualification that would have precluded him from
receiving the AGCM.  As a result, it would be appropriate to award the
applicant the first award of the AGCM, for his qualifying period of
honorable active duty service from 2 May 1967 through 3 December 1968.

5.  The applicant's record also shows that based on his RVN service and
campaign participation, he is entitled to the VUA, RVN Gallantry Cross with
Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit
Citation, and
1 silver service star with his VSM.  Therefore, it would also be
appropriate to add these awards to his record and separation document at
this time.

6.  In addition, his record shows he received the following marksmanship
badges that were not included in Item 24 of his DD Form 214:  Expert
Marksmanship Qualification Badge with Machinegun Bar and Sharpshooter
Marksmanship Qualification Badge with Rifle Bar (M-14 & M-16).  As result,
these badges should also be added to his record and separation document.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LDS __  __FCJ __  __CD___  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 Army Good Conduct Medal, for his
qualifying active duty service from 2 May 1967 through 2 December 1968; by
amending Item 24 of his DD Form 214 by deleting the current list of awards
and replacing it with the entry "National Defense Service Medal, Army Good
Conduct Medal, Vietnam Service Medal with 1 silver service star, Republic
of Vietnam Campaign Medal with
Device (1960), Valorous Unit Award, Republic of Vietnam Gallantry Cross
with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, Expert Marksmanship Qualification Badge with
Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle
Bar (M-14 & M-16)” ; and by providing him a correction to his separation
document that reflects these changes.

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                 |AR20070004413                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/12/02                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS RTN                                  |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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