RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 February 2008
      DOCKET NUMBER:  AR20070012229


      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. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Antonio Uribe                 |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 received the PH and simply
does not have the paperwork to verify it.  He claims to have received the
award in January 1968, when he lost his testicle in Kuoan Loy, Republic of
Vietnam (RVN).

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 13 July 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 that
he served in the RVN from 14 December 1967 through 13 December 1968.  Item
38 (Record of Assignments) shows that during his RVN tour, he was assigned
to Company D, 2nd Battalion, 18th Infantry Regiment, performing duties in
MOS 11B as a rifleman and automatic rifleman.  Item 40 (Wounds) 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 20 January 1969.

4.  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.  It also
contains no medical treatment records that show he was ever wounded in
action, or treated for a combat related wound or injury while serving in
the RVN.

5.  The applicant's MPRJ does contain Headquarters, 1st Infantry Division
General Orders Number 287, dated 14 January 1969, which awarded the
applicant the Air Medal for the period 5 May through 16 September 1968.

6.  On 15 July 1969, the applicant was honorably separated after completing

2 years of active military service.  The separation document (DD Form 214)
he was issued at the time shows that he earned the following awards during
his active duty tenure:  National Defense Service Medal; Vietnam Service
Medal; RVN Campaign Medal with Device 60; Combat Infantryman Badge;
Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and
Machinegun Bars; and Marksman Marksmanship Qualification Badge with
Rifle (M-16) Bar.  The PH is not included in the list of awards contained
on his DD Form 214 and the applicant authenticated the separation document
with his signature in Item 32 (Signature of Person Being Transferred or
Discharged) on the date of his separation.

7.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  There is
no entry on this roster pertaining to the applicant.  The Awards and
Decorations Computer Assisted Retrieval System (ADCARS) maintained by the
Military Awards Branch of the United States Army Human Resources Command
(HRC), which is an index of general orders issued during the Vietnam era
between 1965 and 1973, was also reviewed, and no PH orders pertaining to
the applicant were on file.

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
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.  A silver service star is
issued in lieu of 5 bronze service stars to denote participation in 5
campaigns.
10.  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 RVN
Civil Actions Honor Medal First Class Unit Citation.  It also shows that
during his assignment tenure, participation credit was granted for the
Vietnam Counteroffensive Phase III,
TET Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V and Vietnam Counteroffensive Phase VI campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the PH based on his
losing a testicle in the RVN was carefully considered.  However, by
regulation, in order to support award of the PH there must be evidence that
the wound for which the award is being made was received as a direct result
of, or was caused by enemy action; that the wound required treatment by
military medical personnel; and that a record of this medical treatment was
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.  The PH is not included in the list of awards
contained in
Item 41 and the applicant last audited this record on 20 January 1969,
subsequent to his departure from the RVN.  In effect, his audit was his
verification that the information contained on the DA Form 20, to include
the Item 40 and 41 entries, was correct at that time.

3.  The applicant's 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, or that show he was treated for a combat
related wound or injury by military medical personnel while serving in the
RVN.  Further, the PH is not included on the list of awards contained on
his 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 DD Form 214, to include the list of awards,
was correct at the time the separation document was prepared and issued.

4.  Finally, the applicant's name is not included on the Vietnam Casualty
Roster, the official DA list of RVN battle casualties, and there are no PH
pertaining to him on file on ADCARS.  As a result, the regulatory burden of
proof necessary to support award of the PH has not been satisfied in this
case.


5.  The evidence of record includes orders awarding the applicant the Air
Medal, and it shows that based on his RVN service and campaign
participation, he is entitled to the RVN Gallantry Cross with Palm Unit
Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 1
silver service star 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 and
separation document 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

__KLW__  __AU ___  __RDG __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

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 Air Medal, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation and 1 silver service star with his
Vietnam Service Medal; and by providing him a correction to his separation
document that includes these changes.




                                  _____Kenneth L. Wright____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070012229                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/01/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/07/15                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]