PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 May 2002
         DOCKET NUMBER: AR2001065436


         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. G. E. Vandenberg		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Roger W. Able		Member
Ms. Paula Mokulis		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 records be corrected by awarding him the Purple Heart. The applicant requests that his application be expanded to include a consideration of purging all references to the period of AWOL (absent without leave), 18 July 1971 through 31 August 1971.

3. The applicant states, in effect, he was wounded in Vietnam and should be awarded the Purple Heart. He states that he was never assigned to the unit that reported him AWOL and therefore all references to this AWOL should be purged from his file.

4. The applicant's military records show that he entered active duty on 7 May 1970. He completed basic combat training and advanced individual training (AIT) with award of the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5. The applicant served in Vietnam from 12 December 1970 through 12 December 1971 with Company B, 2^nd Battalion, 12^th Cavalry Regiment and the 297^th Transportation Company.

6. Headquarters, 1^st Cavalry Division Special Orders Number 94, dated 4 April 1971, show that the applicant was to be reassigned to Headquarters and Headquarters Company, 3^rd Brigade (Separate). A second set of orders, Headquarters, 1^st Cavalry Special Orders Number 98, dated 8 April 1971, revoked this reassignment.

7. On 25 March 1971, the applicant was admitted to the 3^rd Field Hospital for treatment of an accidentally self-inflicted gunshot wound (GSW) to his right foot. He remained hospitalized until 28 May 1971. The only documentation of this injury is a 28 April 1971 narrative statement used to discharge the applicant from the hospital. This document does not indicate any form of hostile or enemy action as causing the injury. He was released with a need for follow-up care and given a physical profile that precluded marching, standing for long periods of time, walking for long periods, carrying a field pack and limited lifting of heavy items to 30 pounds.

8. Special Orders Number 33, issued by the 297^th Transportation Company, dated 14 June 1971, show that the applicant was promoted to Specialist Fourth Class (SP4) on 15 June 1971.

9. The applicant's record contains documents from Headquarters and Headquarters Company, 3^rd Brigade (Separate), 1^st Cavalry Division showing that the applicant failed to report to the unit. He was listed as AWOL from 18 July 1971 through 31 August 1971.


10. During this same time frame, the applicant completed a Servicemen's Group Life Insurance Election form. This form shows his unit of record as the 297^th Transportation Company. The earliest document showing the applicant as assigned to the 297^th is dated in March of 1971 and all documents except those dealing with the AWOL from this time forward, show the applicant as assigned to the 297^th Transportation Company.

11. The applicant was afforded a separation examination on 6 December 1971. It noted a scar as the residual of the GSW to his foot. Neither the medical history, which he provided, nor the report of the examination described the scar as a combat injury.

12. On 7 December 1971, the applicant was admitted to the drug rehabilitation program and reassigned to the US Army Hospital, Fort Campbell, Kentucky, on 12 December 1971.

13. The applicant's record shows that he lost 12 days, 6 December 1971 through 17 December 1971, due to incapacitation due to intentional use of drugs. The documentation shows that the applicant was temporarily hospitalized for treatment of heroin use. He was found not to have been addicted but a poor rehabilitation candidate. The line of duty determination was not in the line of duty.

14. While in the hospital in Kentucky, the applicant was offered and accepted an early release from active duty under the provisions of Army Regulation 635-200, chapter 5. He was released from active duty on 10 January 1972 with an honorable characterization of service having served 1 year, 7 months, and 23 days.

15. The applicant's DD Form 214 shows that he was awarded the Army Commendation Medal with V Device, the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge. Additionally, his record contains orders awarding him the Sharpshooters Qualification Badge for the M-16 [rifle] and M-60 [machinegun].

16. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that both units to which the applicant was assigned were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. The pamphlet further notes that an individual will not be issued or entitled to wear more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation or Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

18. Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973. Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include but are not limited to: the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971; the Consolidation I, 1 July 1971 - 30 November 1971; and the Consolidation II, 1 December 1971 - 29 March 1972.

19. Army Regulation 635-200, section V, as then in effect, provides the policy and procedures for separation of enlisted personnel to preclude nonproductive reassignments for short periods of time. Paragraph 5-17 states that enlisted members in medical holding companies who have less than three months to serve to their expiration of time in service (ETS) may be offered an early release following completion of hospitalization.

CONCLUSIONS:

1. The applicant has provided no evidence to show that his accidentally self-inflicted gunshot wound was sustained while in action against an enemy or as a result of hostile action. Therefore, the applicant is not entitled to award of the Purple Heart.

2. During the period that the applicant was attached to it, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, these awards should be reflected on his DD Form 214.

3. The applicant served in Vietnam during three campaign periods. In order to correct an error, his records should reflect the award of the Vietnam Service Medal with three bronze service stars.

4. As the applicant's records contain orders awarding him the Sharpshooters Qualification Badge with Rifle and Machinegun Bars, it would correct an error to include these decorations on his DD Form 214.

5. While the applicant's record contains documents that show that he was supposed to have been assigned to Headquarters, Headquarters Company, 3^rd Brigade (Separate) 1^st Cavalry Division on or about 15 July 1971, the preponderance of evidence shows that this reassignment had been revoked and that he was in fact assigned to the 297^th Transportation Company from March 1971 until his departure from Vietnam. Therefore, the Board finds that it is in the interest of justice to delete and purge all reference to the AWOL period of 18 July 1971 through 31 August 1971.

6. In view of the foregoing, the applicant’s records should be corrected as follows.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. to show that the individual concerned was awarded the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Qualification Badge with Rifle and Machinegun bars, in addition to his other awards and decorations; and,

b. by purging all references to the reported AWOL of 18 July 1971 through 31 August 1971.

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


BOARD VOTE:

_FNE____ ___RWA ___PM___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Fred N. Eichorn___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065436
SUFFIX
RECON
DATE BOARDED	20020516
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0094
3.	107.0095
4.
5.
6.