ABCMR Proceedings (cont)                                                        AR2002076369

PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 October 2002    
	DOCKET NUMBER:   AR2002076369

	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
| Ms. Wanda L. Waller | | Analyst

  The following members, a quorum, were present:

| Ms. Karol A. Kennedy | | Chairperson
| Mr. Thomas A. Pagan | | Member
| Ms. Barbara J. Lutz | | 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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the Bronze Star Medal with “V” Device, the Army Commendation Medal with “V” Device, the Republic of Vietnam Parachutist Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Combat Medical Badge. 

3.  The applicant states, in effect, that his discharge document does not show these awards.  He also contends that his Veterans Affairs and Army physical evaluation indicate that he sustained a fragment wound to his left ankle.  In support of his application, he submits orders for the Bronze Star Medal with “V” Device; orders for the Army Commendation Medal with “V” Device; one page of a Standard Form 88 (Report of Medical Examination), dated 17 September 1968; and a copy of his DD Form 214.    

4.  The applicant’s military records show that he enlisted on 24 September 1965 for a period of 3 years.  He served as a medical specialist in Vietnam from 
28 October 1967 through 23 February 1968 and from 10 May 1968 through 
11 September 1968.  On 17 September 1968, the applicant was released from active duty.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart, the Bronze Star Medal with “V” Device, the Army Commendation Medal with “V” Device, the Republic of Vietnam Parachutist Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation or the Combat Medical Badge as authorized awards.   

6.  There are no orders for the Purple Heart in the available records.

7.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show entitlement to the Purple Heart.  The applicant’s name does not appear on the Vietnam Casualty Roster.
   
8.  In support of his claim for award of the Purple Heart, the applicant provided a copy of a Standard Form 88 (Report of Medical Examination), dated 
17 September 1968, which states, “Hx [History] of F.W. [fragment wound] L [ left] Achilles tendon.  Area tender now difficulty walking” in item 73 (Notes (Continued) and Significant or Interval History).

9.  Headquarters 5th Special Forces Group (Airborne), 1st Special Forces General Orders Number 1724, dated 1 October 1968, show the applicant was awarded the Bronze Star Medal with “V” Device for heroism during the period 
23 August 1968 to 29 August 1968 in Vietnam.

10.  Headquarters 5th Special Forces Group (Airborne), 1st Special Forces General Orders Number 1690, dated 24 September 1968, show the applicant was awarded the Army Commendation Medal with “V” Device for heroism on 
11 June 1968 in Vietnam.     

11.  The applicant’s records contain a letter, dated 16 July 1968, signed by the Vietnam Special Forces Commander, a Major General, granting the “VNSF” [Republic of Vietnam Special Forces] honorary jump wings to the applicant.

12.  There is no evidence in the applicant’s service personnel records which shows that he was authorized to wear the Republic of Vietnam Parachutist Badge.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

14.  There are no orders for the Combat Medical Badge in the applicant’s service personnel records.  However, his DD Form 214 shows that he was awarded the Combat Infantryman Badge.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 1 November 1966 to 31 January 1968 by Department of the Army General Orders Number 45, dated 1969.  This award is not shown on his discharge document.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 31 January 1968 to 31 December 1968 by Department of the Army General Orders Number 70, dated 1969.  This award is not shown on his discharge document.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.  This award is not shown on his discharge document.
18.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in four campaigns during his assignment in Vietnam.

19.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

20.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.

21.  Army Regulation 600-8-22 provides in pertinent part, that commanders (overseas and CONUS) serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in Appendix D of this regulation.  The Republic of Vietnam Parachutist Badge is listed in Appendix D (Foreign Badges).  This regulation also states that badges presented to Army personnel which do not fall under the category of qualification or special skill badges (honorary badges, identification devices, insignia) are considered gifts.  They will not be authorized for wear nor entered in official military personnel records. 

22.  U.S. Army Vietnam (USARV) Regulation 672-1 governed award of the Combat Infantryman Badge and the Combat Medical Badge for Army personnel serving in Vietnam.  Paragraph 2c states, in pertinent part, that if the Combat Infantryman Badge has been awarded for service in Republic of Vietnam, Laos or the Dominican Republic, then the Combat Medical Badge may not be authorized.

CONCLUSIONS:

1.  The Board considered the applicant’s contention that he is entitled to award of the Purple Heart for a fragment wound to his left ankle.  

2.  There is no evidence in the applicant’s service records which shows that he was wounded or injured as a result of hostile action in Vietnam.  

3.  The Board noted the medical record which states that the applicant has a history of a fragment wound to his left Achilles tendon.  However, this medical record is not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which shows the applicant was not wounded and did not receive the Purple Heart.
 
4.  The applicant signed his discharge document on 17 September 1968 attesting to the fact that he was not entitled to a Purple Heart.

5.  Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.       

6.  The applicant received the Bronze Star Medal with “V” Device and the Army Commendation Medal with “V” Device.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

7.  Evidence of record shows the applicant was awarded the Republic of Vietnam Special Forces honorary jump wings.  In accordance with the governing regulation, honorary badges are considered gifts and they will not be authorized for wear nor entered in official military personnel records. 
  
8.  There is no evidence of record which shows the applicant was authorized to wear the Republic of Vietnam Parachutist Badge.  Therefore, there is no basis for granting the applicant’s request to amend his DD Form 214 to show this foreign badge.

9.  The applicant’s unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

10.  There are no orders available to the Board which authorize award of the Combat Medical Badge to the applicant.  However, the applicant was awarded the Combat Infantryman Badge for his service in Vietnam.  In accordance with the governing regulation in effect at the time, if the Combat Infantryman Badge has been awarded for service in Republic of Vietnam, Laos or the Dominican Republic, then the Combat Medical Badge may not be authorized.  Therefore, there is no basis for granting the applicant’s request for award of the Combat Medical Badge.
   
11.  The applicant’s unit was cited for the Presidential Unit Citation, the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit awards.

12.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.   

13.  The applicant is entitled to the first award of the Good Conduct Medal for the period 24 September 1965 through 17 September 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

14.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal with “V” Device, the Army Commendation Medal with “V” Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with four bronze service stars and the first award of the Good Conduct Medal.     

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

KAK____  TAP____  BJL_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Karol A. Kennedy_______
		        CHAIRPERSON

INDEX

CASE ID | AR2002076369
SUFFIX |
RECON |
DATE BOARDED | 20021029
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. | 107.0000
2. |
3. |
4. |
5. |
6. |