RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2007
      DOCKET NUMBER:  AR20070005145


      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:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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).

2.  The applicant states, in effect, that he believes the information
contained on a Clinical Record Cover Sheet (DA Form 8-275-2) to be
incorrect in regard to an injury he received while serving in the Republic
of Vietnam (RVN).  He claims the injury he sustained to his right arm was
not the result of a box accidentally failing on his arm, as indicated in
the DA Form 8-275-2, but rather was due to enemy fire.

3.  The applicant provides the following documents in support of his
application:  Report of Medical of Medical Examination (SF 88); Report of
Medical History
(SF 89); Separation Document (DD Form 214); DA Form 8-275-2; and Newspaper
Article.

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 27 April 1967.  He was trained in and awarded
military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman)
and the highest rank he attained while serving on active duty was
specialist four (SP4).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 11 January 1968 through 21 July 1968.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
Company B, 2nd Battalion, 18th Infantry Regiment, performing duties in MOS
11C as an ammunition bearer and gunner.
4.  Item 38 of the applicant's DA Form 20 also shows the applicant departed
the RVN and was assigned to the 249th General Hospital, Camp Zama, Japan,
on
7 July 1968, as a patient.  He was further assigned to the Medical Holding
Detachment, Fort Devens, Massachusetts, as a patient on 26 July 1968.

5.  Item 40 (Wounds) of the applicant's DA Form 20 is blank and the PH is
not included in the list of awards contained in Item 41 (Awards and
Decorations).  The applicant last audited the DA Form 20 on 16 January
1968.

6.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents that indicate he was ever recommended for or
awarded the PH by proper authority while serving on active duty.

7.  On 13 December 1968, the applicant was honorably released from active
duty after completing 1 year, 7 months, and 17 days of active military
service.  The
DD Form 214 he was issued shows, in Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized), that
he earned the following awards during his active duty tenure:  National
Defense Service Medal; Vietnam Service Medal; RVN Campaign Medal, Combat
Infantryman Badge, and Marksman Marksmanship Qualification Badge with Rifle
Bar.  The applicant authenticated the DD Form 214 with his signature in
Item 32 (Signature of Person Being Transferred or Discharged) on the date
of his separation.

8.  The applicant provides a newspaper article that outlines combat action
against enemy forces in the RVN by the applicant's unit.  It does not
identify the applicant as a casualty.  He also provides an SF 89 he
prepared during his separation physical examination processing.  This form
contains an entry indicating the applicant injured his hand while in
combat.  It does not outline the circumstances regarding how the injury was
sustained.  He also provides a DA Form 8-275-2, which contains an entry
that indicated the injury to the applicant's hand was the result of a box
accidentally falling on him at 0200hours on 14 June 1968, while he was
serving in the RVN.

9.  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.

10.  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.

11.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  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.

12.  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, 18th Infantry
Regiment) received the 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, and Vietnam Counteroffensive Phase V 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.

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.

3.  Although it is clear the applicant sustained an injury to his hand
while serving in the RVN, the only definitive medical treatment record
available indicates this injury was the result of a box accidentally
falling on him.  His record is void of any indication that he was ever
wounded in action, and the SF 89 and newspaper article he provides fail to
provide convincing evidence confirming his hand injury was received as a
result of enemy action.
4.  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 release from active duty.  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.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement related to award of the
PH.

6.  The evidence of record does show that based on his service and campaign
participation in the RVN, he is entitled to the RVN Gallantry Cross with
Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit
Citation, and 4 bronze service stars with his Vietnam Service Medal.

7.  The omission of the awards outlined in the preceding paragraph from the
applicant's record and separation document is an administrative matter that
does not require Board action.  Therefore, the Case Management Support
Division (CMSD), St. Louis, Missouri, will administratively correct his
record as outlined in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION
section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCR __  __DAC __  __QAS __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice related to award of the Purple Heart.  Therefore, the
Board determined that the overall merits of this case are insufficient as a
basis for correction of the records of the individual concerned.
2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show his entitlement to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, and
4 bronze service stars with his Vietnam Service Medal; and by providing him
a correction to his separation document that includes these changes.




                                  _____Jeffrey C. Redmann___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005145                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/12/13                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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