RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 November 2007
      DOCKET NUMBER:  AR20070010000


      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. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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
Soldier's Medal.

2.  The applicant states, in effect, that on Thanksgiving 1967, during the
battle for Hill 875 in the Republic of Vietnam (RVN), he was wounded in
action.  He states that he received first aid but was never awarded the PH
due to the urgency of the situation at the time.  He also states that he
should have received the Soldier's Medal for pulling a pilot out of a
burning helicopter and moving him to safety during the same Thanksgiving
1967 battle.  He states that he learned 30 years later that a supply
sergeant who had come along for the helicopter ride from base camp put
himself in for and received the Soldier's Medal for this incident.

3.  The applicant provides a self-authored statement in support of the
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 1 February 1967.  He was trained in and awarded
military occupational specialty (MOS) 11B (Light Weapons Infantryman), and
sergeant (SGT) is the highest rank he attained while serving on active
duty.

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 17 August 1967 through 6 August 1968. Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
Company A, 1st Battalion, 12th Infantry Regiment from 13 September 1967
through 7 January 1968, performing duties in MOS 11B as a rifleman; and to
Company D,
58th Infantry Regiment from 11 January 1968 through 6 August 1968,
performing duties in MOSs 11B and O5C performing duties as a Radio
Telephone Operator. 4.  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).  Item 48 (Date of Audit) shows the applicant last
audited the DA Form 20 on
11 September 1968.

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents that indicate he was ever wounded in action or
awarded the PH by proper authority.  It is also void of any medical
treatment records that show he was ever treated for a combat related wound
or injury while serving in the RVN.  The MPRJ is also void of a
recommendation for or orders awarding the applicant the Soldier's Medal.

6.  On 31 January 1969, the applicant was honorably separated after
completing a total of 2 years of active military service.  The separation
document (DD Form 214) he was issued at the time shows he earned the
National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal
and Combat Infantryman Badge during his active duty tenure.

7.  On 24 November 1999, the Board considered the applicant's request to be
awarded the Bronze Star Medal in Docket Number AR1999026754.  In his
application, he stated that he and another Soldier were recommended for
this award based on their rescue of a pilot in November 1967, while serving
in the RVN.  However, the Board found no evidence and the applicant failed
to provide independent evidence to show he was ever recommended for or
awarded the Bronze Star Medal while serving on active duty.  The Board did
recommend the applicant be awarded the Army Good Conduct Medal, which was
documented in a correction to his DD Form 214 (DD Form 215) issued on 23
November 2000.

8.  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.

9.  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.

10.  Paragraph 3-13 of the awards regulation provides guidance on award of
the Soldier's Medal.  It states, in pertinent part, that it is awarded to
members who distinguished himself or herself by heroism not involving
actual conflict with an enemy.  The same degree of heroism is required as
that of the award of the Distinguished Flying Cross.  The performance must
have involved personal hazard or danger and the voluntary risk of life
under conditions not involving conflict with an armed enemy.  Awards will
not be made solely on the basis of having saved a life.  As with all awards
the processing of an award recommendation and approval by proper authority
is required for this award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he was wounded in action in the RVN
and as a result should be awarded the PH and that he should have been
awarded the Soldier's Medal for saving the life of a helicopter pilot were
carefully considered.  However, there is insufficient evidence to support
these claims.

2.  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.

3.  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.  The applicant last audited the DA Form 20 on 11
September 1968, nearly a month after he departed from the RVN.  In effect,
his audit was his verification that the information contained on the
record, to include the Item 40 and Item 41 entries, was correct at that
time.  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 and they are void of any medical treatment records
verifying that he was ever treated for a combat-related wound while serving
in the RVN.

4.  Further, the PH is not included in the list of awards entered on 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 the list
of awards, 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.  As a result, the regulatory
burden of proof necessary to support award of the PH has not been satisfied
in this case.

5.  In addition, the applicant's record is void of any indication that he
was ever recommended for or awarded the Soldier's Medal while serving on
active duty.  This award is not included in the list of awards contained on
his DA Form 20 or in his DD Form 214, and he has failed to provide any
independent evidence to confirm the action upon which he bases his request.
 As a result, absent any evidence that confirms his entitlement to the
Soldier's Medal, there is an insufficient evidentiary basis to support
granting this portion of the requested relief.

6.  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.

7.  The applicant and all others concerned should know that this action in
no way diminishes the sacrifices made by the applicant in service to our
Nation.  The applicant and all Americans should be justifiably proud of his
service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MKP__  __LCB __  __DED__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  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.




                                  _____Margaret K. Patterson_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070010000                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/11/26                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/01/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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