RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           18 DECEMBER 2003                  
	DOCKET NUMBER:   AR2003091813

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Yolanda Maldonado		Member	

	The applicant and counsel if any, did not appear before the Board.

	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.  In effect, the applicant requests that his DD Form 214 (Report of Transfer or Discharge) reflect award of the Purple Heart.

2.  The applicant states that he received a shrapnel wound to his right leg on      24 May 1967 [during an operation] in the Ia Drang Valley.  He was medically evacuated the next day.  The Purple Heart medal was presented to him.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on             15 August 1968.  The application submitted in this case is dated 28 May 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted into the Army on 3 November 1966, completed training as an infantryman, and in May 1967 was assigned to Company B,         3d Battalion, 12th Infantry of the 4th Infantry Division in Vietnam.  The               3d Battalion, 12th Infantry was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions during the applicant's assignment with that unit.  

4.  The applicant's medical records show that on 10 April 1967, while stationed at Fort Polk, Louisiana, he received a physical profile of 1 1 1 1 2 1 because of a severe degree of astigmatism in both eyes that was not fully correctable with glasses.  On 28 May 1967 he was treated at the eye clinic at the 85th Evacuation Hospital [in Vietnam].  A 30 May 1967 medical record indicated that the applicant was precluded from further combat assignments until a decision was made concerning his specialty.  His treatment for his eye problems continued until July 1967, and on 9 July 1967 he received a permanent profile of "3" because of a moderate loss of visual acuity.   

5.  The applicant completed his tour of duty in Vietnam and returned to the United States at Fort Hood, Texas.  In July 1968 he applied for an early separation from the Army to attend school.  His request was approved on          13 August 1968.     

6.  Prior to his separation, the applicant underwent a medical examination.  A     14 August 1968 report of that examination shows that he was medically fit for separation.  That report does not indicate that he was wounded.  In the report of medical history that the applicant furnished for the examination, he stated that he was in good health.  He did not indicate on that report that he had been treated for a wound, or in fact that he had been wounded.  

7.  The applicant's DA Form 20 (Enlisted Qualification Record) does not indicate award of the Purple Heart.  Item 40 (Wounds) of that form does not reflect that he was wounded.

8.  The applicant was released from active duty in the pay grade of E-4 on        15 August 1968.  His awards include the Combat Infantryman Badge and the National Defense Service Medal.  His DD Form 214 does not reflect award of the Purple Heart.    

9.  The Vietnam casualty roster maintained by this agency does not reflect the applicant's name, an indication that he was not wounded in action.  

10.  Army Regulation 600-8-22 provides 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, and the medical treatment must have been made a matter of official record.

11.  The Army 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.  

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not provided any, to show that he was wounded in action.  His medical records do not show that he was wounded in action, and the Vietnam casualty roster does not list him as having been wounded.  There is insufficient evidence to grant his request for award of the Purple Heart.

2.  The applicant served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal.  

3.   The applicant is entitled to award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

__RVO __  __JEA __  ___YM __  GRANT 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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Army Good Conduct Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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.  

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2003091813	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031218	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.