PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 July 2003                   
	DOCKET NUMBER:   AR2002081955

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Purple Heart (PH).

3.  The applicant states, in effect, that on 8 June 1969 while serving in Vietnam, he was injured and treated at a hospital, but he was not awarded the PH.  He submits in support of his request a copy of his DD Form 214, a clinical record that he received from the Department of Veterans Affairs (DVA) and medical records from the Department of the Army.  

4.  The applicant’s military records show that, on 5 October 1966, he enlisted in the Regular Army for 3 years.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 7 January 1968 through 10 January 1969 with Company A, 4th Battalion, 3rd Infantry, 11th Infantry Brigade.  The highest rank he achieved was sergeant, pay grade E-5.

5.  The available Department of the Army medical records show that, on 8 June 1968, the applicant was treated at the Old Guard Aid Station, 4th Battalion, 3rd Infantry, 11th Infantry Brigade, for a fragment wound to both the chest wall and the right posterior and that there was no residual impairment.  On 9 June 1968, he received further treatment at the 27th Surgical Hospital, Vietnam.  The clinical record states "IRHA" (injury result of hostile action):  "EM (Enlisted man) was injured by a booby trap grenade explosion."  The wound was debrided, antibiotics were administered, and the applicant was returned to duty.

6.  The applicant returned to the United States in a casual leave status enroute to Camp (now Fort) Drum, New York.  On 18 July 1969, he went into an absent without leave (AWOL) status when he failed to report.  He remained in an AWOL status until he returned to military control at Fort Dix, New Jersey, on 9 September 1969.  On 31 October 1969, he was tried and convicted by court-martial for this period of AWOL and reduced from pay grade E-5 to pay grade
E-4.

7.  On 13 December 1969, the applicant was honorably separated from the Army at Fort Dix.  His DD Form 214 shows that he had completed 3 years and 16 days of creditable service and he had 53 days of lost time due to being AWOL.  His DD Form 214 shows also that he was awarded the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (VCM), Combat Infantryman Badge (CIB) and the Expert Marksmanship Qualification Badge (Rifle, M-14).  There is no evidence that he was ever awarded the PH.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

9.  Army Regulation 600-8-22 also authorizes award of a bronze service star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSS's will be worn on the appropriate service medal.  One BSS is authorized for each campaign in which the soldier participated.  The applicant's served in Vietnam during Vietnam Counteroffensive, Phase III; Tet Counteroffensive; and Vietnam Counteroffensive, Phase IV.  Therefore, he is authorized award of three BSS's to be worn on the VSM.

10.  Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB).  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  For Vietnam service, one OSB is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the OSB.  The applicant is authorized two OSB for his service in Vietnam from 7 January 1968 through 10 January 1969.

11.  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 Vietnam Gallantry Cross with Palm Unit Citation for the period 2 November 1968 to 28 February 1969 by Department of the Army General Order Number 2, dated 1971.  The applicant's DD Form 214 does not show this award because it was authorized after he had been separated.

CONCLUSIONS:

1.  The available Army medical evidence supports that the applicant was wounded on 8 June 1968 while serving in Vietnam.  He received medical treatment for the wound and the treatment was documented.  In the absence of evidence to the contrary, the Board presumes that the booby-trap grenade explosion by which the applicant was injured was the work of a hostile force and therefore, concludes he is authorized award of the PH.

2.  The applicant is also authorized award of three BSS's, two OSB and the Vietnam Gallantry Cross with Palm Unit Citation.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing the individual concerned a DD Form 215 (Correction to DD Form 214) to show he is authorized award of the PH, three BSS's for wear on his VSM, two OSB and the Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

__mkp___  __wtm___  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002081955	
SUFFIX		
RECON		
DATE BOARDED	20030729	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19691213	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0073	
3.	107.0079	
4.	107.0094	
5.		
6.