RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 April 2006
      DOCKET NUMBER:  AR20050010874


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Carol A. Kornhoff             |     |Member               |
|     |Mr. Rodney E. Barber              |     |Member               |

      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, reconsideration of his earlier
request for award of the Purple Heart.

2.  The applicant states he received a shrapnel wound to his upper left arm
and elbow while on a convoy.

3.  The applicant provides an undated "Narrative of 2 December 1966 Ambush"
by the commander of the [11th] Armored Cavalry Regiment; a letter, dated
     19 July 2005, to the Department of Veterans Affairs (VA); an affidavit
from his former platoon sergeant; affidavits from two of his fellow unit
members; and his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel makes no additional statement.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2002070406 on    6 August 2002.

2.  The "Narrative of 2 December 1966 Ambush" and the three affidavits are
new evidence which will be considered by the Board.

3.  The applicant was inducted into the Army on 2 November 1965.  He
arrived in Vietnam with his unit on or about 20 August 1966 and served as a
scout observer with B Troop, 1st Squadron, 11th Armored Cavalry Regiment
and C Troop, 3d Squadron, 5th Cavalry, 4th Infantry Division.  He departed
Vietnam on or about 9 August 1967 and was honorably separated on 10 August
1967.

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not indicate he was wounded.  He completed a separation
physical examination on 10 August 1967 and did not indicate on his Standard
Form 89 (Report of Medical History) that he had any injuries, combat-
incurred or otherwise.  His name is not listed on the Vietnam Casualty
Roster.

5.  Apparently during a VA examination on 7 June 1968, the applicant
related that he had been wounded in combat during an ambush.
6.  The applicant provided an affidavit from his former platoon sergeant,
who stated they were in a supply convoy on 2 December 1966 when they were
ambushed by a battalion-size Viet Cong force.  The firefight resulted in
one American killed in action, about 25 wounded in action, and about 10
wounded in action who did not need medical evacuation.  Of those 10, the
applicant was treated by the troop medic and returned to duty with his
platoon.

7.  The applicant provided an affidavit from Ja___, a "close buddy" of the
applicant while in the 11th Armored Cavalry Regiment.  Ja___ stated they
were ambushed on 2 December 1966.  Although the applicant was on another
vehicle, they were very close during the firefight.  After the action was
over, he met the applicant back in base camp.  The applicant showed him his
wounds and told Ja___ about being wounded.

8.  The applicant provided an affidavit from Jo___, who was with the
applicant when the applicant was wounded on 2 December 1966.  Jo___ was
wounded, too.  They were both waiting for medical attention.  Jo___ was
airlifted out.  When Jo___ returned to base camp a few days later, he saw
the applicant's arm was bandaged.

9.  Army Regulation 600-8-22 (Military Awards) states that the Purple Heart
is awarded for a wound sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment by a
medical officer, and the medical treatment must have been made a matter of
official record.

DISCUSSION AND CONCLUSIONS:

1.  The statements of individuals are normally inadequate as the sole basis
for an award of the Purple Heart because they do not fulfill the regulatory
requirement that there be a record of medical treatment.

2.  However, in this case, the applicant provided a supporting statement
from Jo___, who was with the applicant when the applicant was wounded.  He
also provided a supporting statement from his former platoon sergeant, who
stated the applicant was one of about 10 wounded in action who did not need
medical evacuation but confirmed the applicant was treated by the troop
medic and returned to duty.  These statements are accepted as credible
evidence that the applicant did in fact receive the wounds claimed and was
treated by competent battlefield medical personnel.

BOARD VOTE:

__wdp___  __cak___  __reb___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
amendment of the ABCMR’s decision in Docket Number AR2002070406 dated   6
August 2002.  As a result, the Board recommends that all Department of the
Army records of the individual concerned be corrected by awarding him the
Purple Heart for wounds received on 2 December 1966.




                                  __William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010874                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060411                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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