PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 January 2002
         DOCKET NUMBER: AR2001062581


         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 Amos		Analyst

The following members, a quorum, were present:

Mr. George D. Paxson		Chairperson
Mr. Walter T. Morrison		Member
Mr. Richard T. Dunbar		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.

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2. The applicant requests that his Report of Transfer or Discharge, DD Form 214, be amended to add the Purple Heart, the Vietnam Service Medal, and any other decorations to which he is entitled.

3. The applicant states that on 9 April 1966 he was being transported in a ¾ ton vehicle. He heard a loud explosion and woke up about 10 days later in the hospital. He was told at that time that the vehicle had run over a land mine. He was later retired for physical disability for injuries received in that accident. His DD Form 214 does not list his service in Vietnam or the totally disabling wounds he suffered while there. He provides no supporting evidence and counsel makes no additional statement.

4. The applicant’s military records show that he enlisted in the Regular Army on 7 September 1965. He completed basic combat training and advanced individual training and was awarded military occupational specialty 13A (Field Artillery Basic).

5. The applicant received orders to report to Oakland Army Base, Oakland, CA for further assignment to Vietnam with a report date of 3 March 1966. His Enlisted Qualification Record, DA Form 20, item 38 shows he was assigned to A Battery, 6^th Battalion, 14^th Artillery on 16 March 1966.

6. A Clinical Record Cover Sheet, DA Form 8-275-3, date of admission 9 March (sic) 1966 shows the applicant was at the 2d Surgical Hospital being treated for injuries resulting from a vehicle accident on 9 March (sic) 1966, time and circumstances unknown. He had been a transfer from Company B, 15^th Medical Battalion. The DA Form 8-275-3 shows he was transferred to the 85^th Evacuation Hospital with a date of disposition of 9 March (sic) 1966. A DA Form 8-275-3, date of admission 9 April 1966 shows the applicant was treated by the 85^th Evacuation Hospital for injuries resulting from a vehicle accident on 9 April 1966. Circumstances of the accident were not mentioned. The DA Form 8-275-3 shows he was transferred to Camp Zama, Japan with a date of disposition of 20 April 1966. A DA Form 8-275-3, date of admission on or about 20 April 1966, shows the applicant was treated by the U. S. Army Hospital, Camp Zama, Japan for injuries when he was involved in a ¾ ton truck accident. The DA Form 8-275-3 shows he was transferred to Walter Reed General Hospital, Washington, D. C. on 12 July 1966.

7. The applicant’s medical evaluation board narrative summary dated 22 January 1968 shows he was injured in combat on 9 April 1966.

8. The applicant’s DD Form 214, item 11c shows he was permanently retired by reason of a physical disability on 4 April 1968 after completing 2 years, 6 months, and 28 days of creditable active service with no lost time. Item 22c shows he served 4 months and 6 days in U. S. Army Vietnam. Item 24 shows his only award as the National Defense Service Medal. His DA Form 20 shows that his conduct and efficiency had been rated as excellent throughout his service and he received credit for one campaign, the Vietnam Counteroffensive campaign.

9. Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations. It states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. The regulation also provides for award of the Vietnam Service Medal to members who served in Vietnam after 3 July 1965 through 28 March 1973. The regulation provides for wear of a bronze service star on the Vietnam Service Medal for each credited campaign.

10. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

11. Department of the Army Pamphlet 672-3 shows that the 6^th Battalion, 14^th Artillery was awarded the Meritorious Unit Commendation for the period 27 August 1965 - 10 November 1967 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 23 October 1965 - 10 November 1967.

12. The historical files of the 6^th Battalion, 14^th Field Artillery were reviewed at the National Archives, College Park, MD. The staff duty journals for April 1966 revealed that two 5-ton trucks broke down on 4 April 1966 and were repaired on 5 April 1966. The only other entry showed that Battery D’s mess truck hit a land mine on 22 April 1966 but there were no casualties.

CONCLUSIONS:

1. Although the applicant’s medical evaluation board narrative summary dated 22 January 1968, almost two years after the accident, showed he was injured in combat on 9 April 1966, three DA Forms 8-275-3, more contemporaneous to the time of the injury, indicated that the circumstances of the accident were unknown. There is no intervening evidence to show that the circumstances later became known (as being due to the vehicle hitting a land mine). In addition, although the battalion’s staff duty journals for April 1966 had noted a 22 April 1966 incident in which a mess truck hit a land mine, they failed to mention the accident in which the applicant was injured. There is insufficient evidence to show what caused the vehicle accident in which the applicant was injured and so his entitlement to the Purple Heart cannot be verified.

2. The evidence of record shows the applicant met the eligibility criteria for award of the Vietnam Service Medal with one bronze service star and for award of the Army Good Conduct Medal.

3. The evidence of record shows the applicant was assigned to a unit during a period of time that unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is entitled to these awards, also.

4. 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 awarding the applicant the Army Good Conduct Medal for the period
7 September 1965 – 4 April 1968.

2. That the applicant’s DD Form 214 be amended to add the Army Good Conduct Medal, the Vietnam Service Medal with one bronze service star, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

__gdp___ __wtm___ __rtd___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           George D. Paxson
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001062581
SUFFIX
RECON
DATE BOARDED	20020124
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.