RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2007
      DOCKET NUMBER:  AR20070006000


      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, he was hit with shrapnel fragments in
June of 1970, while serving in the Republic of Vietnam (RVN).  He claims he
was treated for these wounds by a medical corpsman (Medic), who removed the
shrapnel and bandaged his wound.  He then returned to duty along the bunker
line.  He states that two other Soldiers were present and can verify this
report if necessary.

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 initially inducted into the
Army and entered active duty on 10 February 1969.  He was trained in and
awarded military occupational specialty (MOS) 11E (Armor Crewman) and the
highest rank he held 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 July 1969 through 10 July 1970.  Item 38 (Record
of Assignments) shows that during his RVN tour, he was assigned to
Headquarters and Headquarters Company (HHC), 1st Battalion, 61st Infantry
Regiment, performing duties in MOS 11E as a Tank and Light Track Vehicle
Driver.
Item 40 (Wounds) is blank,  and the PH is not included in the list of
awards contained in Item 41 (Awards and Decorations).  Item 40 (Date of
Audit) shows the applicant last audited the DA Form 20 on 2 September 1970.


4.  The applicant's Military Personnel Records Jacket (MPRJ) contains no
orders or other documents that indicate the applicant was ever recommended
for or awarded either the PH by proper authority while serving on active
duty.  It is also void of any medical treatment records that show the
applicant was ever treated for a combat related wound or injury while
serving on active duty.  The MPRJ does contain a Report of Medical History
completed by the applicant during his separation processing and a Report of
Medical Examination (SF 88), which was prepared to document the applicant's
separation physical examination on 19January 1971.  These documents give no
indication that the applicant was ever wounded in action or treated for a
combat related wound or injury while serving on active duty.

5.  On 5 July 1970, the applicant was honorably separated in the rank of
SP4 after completing a total of 2 years of active military service.  The DD
Form 214 he was issued at the time 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 with 60 Device; Army Commendation Medal; Expert Marksmanship
Qualification Badge; and
2 Overseas Service Bars.  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 separation.

6.  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.

7.  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.

8.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal and 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.  The regulation shows that
while the applicant in the RVN, participation credit was granted for the
Vietnam
Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive
and Vietnam Counteroffensive Phase VII campaigns.
9.  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 (1st Battalion, 61st Infantry
Regiment) received the Valorous Unit Award and RVN Gallantry Cross with
Palm Unit Citation.

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 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.

2.  Item 40 of 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.  The applicant last audited the DA Form 20 on 2
September 1970, after he completed his tour in the RVN.  In effect, his
audit was his verification that the information on the record, to include
Item 40 and Item 41, was correct at the time.   The PH is not included in
the list of awards contained in Item 24 of his
DD Form 214, which he authenticated with his signature on the date of his
separation, which was 9 February 1971.  In effect, his signature was his
verification that the information contained on the separation document, to
include the list of awards contained in Item 24, was correct at the time
the separation document was prepared and issued.

3.  Further, his MPRJ is void of any orders or other documents that
indicate he was ever recommended for or awarded the PH by proper authority,
and it contains no medical treatment records that show he was treated for a
combat related wound or injury while serving on active duty. Finally, his
name is not included on the Vietnam Casualty Roster, the official DA list
of RVN battle casualties.  Therefore, absent any independent evidence
showing he was wounded in action or awarded the PH by proper authority
while serving on active duty, the regulatory burden of proof necessary to
support award of the PH has not been satisfied in this case.

4.  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.

5.  The evidence of record does show that based on his service and
campaign participation in the RVN, he is entitled to the Valorous Unit
Award, the RVN Gallantry Cross with Palm Unit Citation and 4 bronze service
stars
with his Vietnam Service Medal. The omission of these awards from his
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
by the Board 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 Valorous Unit Award, Republic of
Vietnam Gallantry Cross with Palm 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                 |AR20070006000                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/02/09                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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