RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:    30 August 2007
      DOCKET NUMBER:  AR20070006450


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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, that he be awarded the Purple Heart
and that it be added to his DD Form 214, Armed Forces of the United States
Report of Transfer or Discharge.

2.  The applicant states, in effect, as a combat medic, he made a judgment
that he would be successful in self-treating a wound he sustained in the
field.  He was correct but, in doing so, no record of his self-treatment
was made.  At the time he was wounded, a sergeant offered him the medal,
but through some form of "pride," he declined it.  He is not now making a
claim for monetary purposes.  It truly happened and now he is proudly aware
that he carries the shrapnel in his collar bone.

3.  In support of his application, the applicant submits a self-authored
personal deposition outlining the events of his service in Vietnam and
those related to his being wounded and those documents shown on the index
he prepared and submitted to the Board for consideration for award of the
Purple Heart to him.

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 is requesting correction of an alleged error or
injustice, which occurred on 27 February 1970, the date of his release from
active duty.  The application submitted in this case is dated 12 February
2007.

3.  The applicant has solicited the assistance of his Member of Congress
(MOC). The applicant's MOC states he has spoken to and reviewed his
constituent's file and highly supports his quest.
4.  The applicant’s record shows that he was inducted into the Army of the
United States on 1 March 1968.  He completed his basic combat and his
advanced individual training at Fort Sam Houston, Texas.  After completing
all required training, he was awarded the military occupational specialty
(MOS), 91A (Medical Corpsman).  On 11 November 1968, the applicant was
reclassified to the MOS 91B, Medical Specialist.

5.  The applicant served in Vietnam from 8 August 1968 through 6 August
1969, with Headquarters and Headquarters Company, 2nd Battalion, 501st
Infantry Regiment, 101st Airborne Division.

6.  The applicant was honorably released from active duty, on 27 February
1970, under the provisions of Army Regulation (AR) 635-200, at the
expiration of his term of service.  He was separated in the rank/pay grade,
Specialist Four/E-4.  On the date he was released from active duty, he had
completed 1 year, 11 months, and 29 days active military service

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the Bronze Star Medal, the Army Commendation
Medal, the Air Medal, the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, and an unspecified
"Vietnamese Unit Citation."  The Purple Heart is not shown on his DD Form
214.

8.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing he was
awarded the Purple Heart.

9.  The applicant's name does not appear on the Vietnam Casualty List.  By
the applicant's own admission, he treated his wound in the field himself;
therefore, there is no medical treatment record.  A brief description of
and the date he was wounded was also not made a matter of record in Item 40
(Wounds), of the applicant's DA Form 20.

10.  There are no orders in the applicant's military personnel records
awarding him the Purple Heart.

11.  On 13 December 2002, the applicant underwent an examination which
included radiological examination of his upper chest area.  A report
prepared at
the Lakeview Community Hospital, Paw Paw, Michigan, on the same date,
states a very tiny radiopaque density at the level of the medial aspect
right clavicle which could be the sequela of an old injury.  An entry in
the Clinical Data Section of the report has a statement, "History of
shrapnel injury in Viet Nam."

12.  Statements from three Vietnam veterans, from the same unit – the then
first sergeant and two Soldiers in pay grade E-4 - were collected and
submitted.  All three statements have the same verbiage, with exception of
the identification of the contributors.  All statements are dated 26 July
2003.  The former first sergeant made an annotation at the bottom of his
statement that says, "I was issuing (recommending) authority for this
award."

13.  The applicant fashioned an introduction for the statements.  About the
first sergeant he stated, "When the incoming round exploded just down the
hill from our position, Sergeant G***** S***** and myself dove for cover in
a shallow foxhole while D** W******** dove behind a log.  We remained under
cover for several seconds anticipating another round, when calls for a
medic came from further down the hill and as their medic, I had to go to
them.  I was exiting our position to go to the wounded when Sergeant S*****
pointed out to me that I was bleeding from my neck.  In the excitement, I
did not realize I had been hit.  The wound was not bad enough to prevent me
from rendering aid to the two men who were wounded from the same round.
When the area was stabilized and a Medi-vac was in transit, Sergeant G*****
S***** was acquiring the names of the wounded men for the Purple Heart
Medal.  He also took mine but I subsequently asked him not to submit my
name.  At the time, I felt my wound was not worthy of the honor as compared
to the two men we were about to send out of the jungle.  About E-4 D**
W******** he stated, "D** was standing next to me when the round
detonated."  About E-4 M***** W**** he stated, "The incoming round did not
directly effect M*****, but he was a good friend and became aware of my
wound later in the day."

14.  The applicant states that all these men, and he, were present at their
2003 B-Company reunion.  They signed the eyewitness statements verifying
his wound.

15.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
that he consistently received "excellent" conduct and efficiency ratings.
There is no evidence of any breach of good order or discipline in his
service personnel record that would preclude award of the Good Conduct
Medal.

16.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which he is
entitled for his campaign participation.

17.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase V, which
extended from 1 July through 1 November 1968; the Vietnam Counteroffensive,
Phase VI, which extended from 2 November 1968 through 22 February 1969; the
Tet 69 Counteroffensive, which extended from 23 February through 8 June
1969; and the Vietnam Summer-Fall 1969, which extended from 9 June through
31 October 1969.

18.  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 Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, for the period 19 April through 15 August 1968, by DAGO
Number 21, dated 1969, and for the period 15 August 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 18 March
1968 through 2 May 1970, by DAGO Number 48, dated 1971.  The applicant was
assigned to the unit at the time it was cited for these unit awards.

19.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

20.  The applicant was awarded the Combat Medical Badge, in Special
Orders Number 87, Paragraph 70, published by Headquarters, 101st Airborne
Division, on 28 March 1969.  This special qualification badge is not
shown on his DD Form 214.

21.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal 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.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.  To be eligible for award of the
Good Conduct Medal, Soldiers must meet all of the following criteria:  all
conduct (character) and efficiency ratings must be recorded as "Excellent"
except that ratings of "Unknown" for portions of the period under
consideration are not disqualifying.  Service school efficiency ratings
based upon academic proficiency of at least "Good" rendered subsequent to
22 November 1955 are not disqualifying.

22.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

23.  AR 670-1, in effect at the time, governed the requirements for the
overseas service bar.  In pertinent part, it provided that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States.
One overseas service bar is authorized for each six-month period served
in the Republic of Vietnam.  To calculate the entitlement, both the month
of a Soldier's arrival in and month of his departure are counted as a
whole month no matter the number of days in that month that were spent in
the hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be
presented to show that the Soldier was wounded as the result of hostile
action, the wound must have required treatment, and the medical treatment
must have been made a matter of official record.

2.  The evidence, statements from three eyewitnesses, the applicant now
provides in support of an award for the Purple Heart to him, were
apparently prepared by him and presented to former members of his unit at
its 2003 reunion for their signature.  Because the witness statements
were not independently prepared, the Board can not place the same amount
of credence on these statements as those prepared by contributors who
prepare eyewitness statements independently and integrate their own
remembrances and recollections into the statements.  Statements prepared
for eyewitnesses in advance may be biased and present a selective account
of the incident to the Board.

3.  One of the eyewitness statements was prepared by the applicant's good
friend who was not aware he [the applicant] had been hit until much later
in the day.  Because he was not physically present to witness the event, he
cannot be classified as an eyewitness in the true sense.

4.  By the applicant's own admission, he self-treated his wounds in the
field. Therefore, there is no record of the treatment he received.  The
applicant's name does not appear on the Vietnam Casualty Listing.  There
were no entries made in his service personnel records to show he was
wounded as a result of hostile action and no orders were published to award
him the Purple Heart.

5.  The Board acknowledges the report prepared at the Lakeview Community
Hospital, on 13 December 2002, and its contents.  This report states that
“a very tiny radiopaque density at the level of the medial aspect right
clavicle” was detected which “could be the sequela of an old injury.”
The report also contains a notation that the applicant had a history of a
shrapnel injury in Vietnam.  However, the source of this notation is
unknown.

6.  Based on the evidence in this case, the applicant is not entitled to
award of the Purple Heart and to have it added to his DD Form 214.

7.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
that the applicant did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 1
March 1968 through 27 February 1970.

8.  The applicant served in four campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with four
bronze service stars, as opposed to the Vietnam Service Medal now shown on
his DD Form 214.

9.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation and two Valorous Unit
Awards, in effect, the Valorous Unit Award, with oak leaf cluster, while he
was a member of the unit.  These unit awards are not shown on his DD Form
214.  He is entitled to these unit awards and to have them added to his DD
Form 214.

10.  The applicant earned the Combat Medical Badge while he served in
Vietnam.  This badge is not shown on the applicant's DD Form 214.  He is
entitled to have this badge added to his DD Form 214.
11.  The applicant served in Vietnam for 12 months.  He is therefore
entitled to award of two overseas service bars and to have these bars
added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___BI___  ___GP___  ___TMR_  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:

      a.  deleting the Vietnam Service Medal and the unspecified Vietnamese
Unit Citation from the applicant's DD Form 214;

      b.  awarding the applicant the Vietnam Service Medal, with four
bronze service stars, and adding this award to his DD Form 214;

      c.  awarding the applicant the Good Conduct Medal for the period 1
March 1968 through 27 February 1970, and adding this award to his DD Form
214;

      d.  adding the already-awarded Combat Medical Badge to the
applicant's DD Form 214;

      e.  awarding the applicant; the Presidential Unit Citation; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation (Two Awards);
and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation, and adding these unit awards to his DD Form 214; and

      f.  awarding the applicant two overseas service bars and adding these
bars to his DD Form 214.


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 to the applicant and its addition to his DD Form
214.




                            ____Bernard P. Ingold_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006450                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070830                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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