RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 April 2008
      DOCKET NUMBER:  AR20070018220


      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. Eric N. Andersen              |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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 a shrapnel wound in
combat when the Marines were trapped at Kah Sahn and the Army had to rescue
them.

3.  The applicant provides no 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 he enlisted in the Regular Army (RA) and
entered active duty on 13 December 1966.  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 Republic of Vietnam (RVN) from 22 May 1967 through 20 May
1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he
was assigned to Company A, 1st Battalion, 5th Cavalry Regiment, performing
duties in MOS 11B as an automatic rifleman, grenadier, and team leader.
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 27 June 1968.

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents that show the applicant was ever recommended for
or awarded the PH by proper authority during his tenure on active duty.  It
also contains no medical treatment records that indicate he was ever
treated for a combat related wound during his tenure of assignment in the
RVN.
5.  On 12 December 1968, the applicant was honorably released from active
duty (REFRAD) after completing 2 years of active military service.  The
separation document (DD Form 214) he was issued at the time shows he
received the following awards during his active duty tenure:  National
Defense Service Medal (NDSM); Vietnam Service Medal with 3 bronze service
stars; RVN Campaign Medal; Air Medal; Combat Infantryman Badge;
Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar;
Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar; and 1st
Class Gunner M-60 Machine Gun.   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.

6.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  There
was no entry pertaining to the applicant on this list of RVN casualties.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award
of the PH.  It states, in pertinent part, that 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 result of enemy action; that the wound required
treatment by military medical personnel; and a record of this medical
treatment must have been made a matter of official record.

8.  Paragraph 2-13 of the awards regulation contains guidance on the VSM
and states, in pertinent part, that a bronze service star is authorized for
each campaign a member is credited with participating in while serving in
the RVN.  Table B-1 provides a list of RVN campaigns and shows that during
the applicant's tenure of assignment in the RVN, participation credit was
granted for the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive
Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase IV
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, 5th Cavalry
Regiment) received the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and the Navy Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the PH based on
receiving a shrapnel wound 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 result
of enemy action; that the wound required treatment by military medical
personnel; and a record of this medical 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.  The PH is also not included in the list of awards
contained in Item 41, and the applicant last audited this record on 27 June
1968, 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 also 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 indicate he was ever treated for a combat-related wound while
serving in the RVN.  Further, the PH is not included in the list of awards
contained on his
DD Form 214, which he authenticated with his signature on the date of his
REFRAD.  In effect, his signature was his verification that the information
contained on the DD Form 214, to include the list of awards, was correct on
the date the separation document was prepared and issued.

4.  Finally, the applicant's name is not included on the Vietnam Casualty
Roster, the official list of RVN battle casualties.  Absent any evidence of
record confirming the applicant was wounded in action or treated for a
combat-related wound while serving in the RVN, the regulatory burden of
proof necessary to support award of the PH has not been satisfied in this
case.  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.

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 Navy Unit Commendation, RVN
Gallantry Cross with Palm Unit Citation, and 4 bronze service stars with
his VSM. 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 the applicant's 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

__ENA __  __PBF __  __JCR __  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 Navy Unit Commendation, Republic
of Vietnam Gallantry Cross with Palm Unit Citation, and 4 bronze service
stars for wear on his already-awarded Vietnam Service Medal; and by
providing him a correction to his
DD Form 214 that reflects these changes.




                                  _____Eric N. Andersen ____
                                            CHAIRPERSON


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