PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 March 2002
         DOCKET NUMBER: AR2001065564


         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. William Blakely		Analyst

The following members, a quorum, were present:

Ms. Shirley L. Powell		Chairperson
Mr. Stanley Kelley		Member
Mr. Elzey J. Arledge, 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.

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2. The applicant requests, in effect, that all the items in his DD Form 214 that contain the entry “Unknown” be amended to add the correct information. He also requests, that all awards and decorations to which he is entitled be listed on his DD Form 214.

3. The applicant states, in effect, that he was discharged from the Army with temporary records and his DD Form 214 does not show his Vietnam service or the awards he earned. He also states that a corrected DD Form 214 would assist him in filing for veteran’s benefits and compensation. In support of his application, he submits a Clinical Record Consultation Sheet (SF 513), dated
18 August 1969, and a letter from a Veterans of Foreign Wars (VFW) official from Toledo, Ohio, dated 13 November 2001.

4. The applicant’s military records show that on 6 August 1968, he entered the Army for a period of 3 years. He was trained in and awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 18 March to 20 November 1969. It also shows that while serving in the RVN, he was assigned to A Company,
1st Battalion, 8^th Infantry Regiment, 4^th Infantry Division, and that he performed duties in MOS 11C. During his tour in the RVN, he participated in three campaigns and during his active duty tenure, he earned the following awards: National Defense Service Medal; Vietnam Service Medal with 3 bronze service stars; RVN Campaign Medal with Device 1960; and Combat Infantryman Badge. In addition, Item 28 (Specialized Training) of his DA Form 20 shows that he completed Code of Conduct, Chemical/Biological/Radiological (CBR), and Military Justice training.

6. On 18 March 1971, the applicant was discharged under the provisions of chapter 6, Army Regulation 635-200, by reason of hardship. The DD Form 214 issued to and signed by him on the date of his separation confirms that on the date of his separation he had completed a total of 2 years, 5 months, and 8 days of creditable active military service, he had accrued 65 days of time lost, and he held the rank of private/E-1.

7. The DD Form 214 also contained the entry “Unknown” in the following items: 10a (Selective Service Number); 10b (Selective Service Local Board Number, City, County, State, Zip Code); 22c (Foreign Service), 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized); 25 (Education and Training Completed) and 26c (Days of Accrued Leave Paid).

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8. On 30 July 2001, the Army Review Boards Support Division, St. Louis, Missouri, published a correction to the applicant’s DD Form 214 (DD Form 215) and deleted the “Unknown” entries and added the correct entries in the following items as indicated: Item 10a, correct Selective Service Number entered; Item 10b, “155”; Item 22c “0 9 0”; Item 24, “National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, Expert Badge with Automatic Rifle Bar, Marksman Badge with Rifle and Mortar Bars, and Combat Infantryman Badge.” In addition, the entry “Vietnam Service from 18 Mar 69 to 20 Nov 69” was added to Item 30 (Remarks).

9. The VFW letter of support provided by the applicant indicates that he was wounded due to contact with an enemy laid Punji Stick during combat action and requests that award of the Purple Heart be considered. The SF 513 provided by the applicant confirms that on 18 August 1969, he was treated at the
57^th Evacuation Hospital, RVN, for a Punji Stick wound to the scrotum.

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.

11. Paragraph 2-8b (2) defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy. It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record. Paragraph 2-8b (4) provides examples of enemy related injuries that clearly justify award of the PH and
sub-paragraph (b) contains the specific example “injury caused by enemy placed mine or trap.”

12. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 2-42 (DD Form 214 Preparation Instructions), in effect at the time, states that service school, installation training courses, military correspondence, or off-duty courses completed during the period of enlistment will be entered in item 25
(Education and Training).

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. It confirms that the applicant’s unit in the RVN earned the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment tenure.

CONCLUSIONS:

1. The Board notes the applicant’s contention that all unknown entries in his separation document should be deleted and the correct information added. However, given a DD Form 215, dated 30 July 2001, was published that accomplished this action, the Board finds the relief requested is no longer required, with the exception of Item 25 (Education and Training) which should be corrected to include the applicant’s military specialized training. In addition, the Board finds insufficient supporting evidence with the information necessary to correct the unknown entry in Item 26c (Days of Accrued Leave Paid).

2. In accordance with regulations in effect at the time, qualifying service schools, installation training courses, military correspondence, or off-duty courses completed during the period of enlistment were authorized to be entered in Item 25 (Education and Training) of the DD Form 214. The applicant’s DA Form 20 confirms that he successfully completed Code of Conduct, CBR, and Military Justice training during his active duty tenure. Therefore, the Boards concludes it would be appropriate to delete the entry “Unknown” currently listed in Item 25 of his DD Form 214 and to add the completed training indicated above at this time.

3. The Board also found that by regulation, in order to support awarding a member the PH, it is necessary to establish that the wound or injury received in action, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury and must have been made a matter of official record. In addition, the regulation stipulates that an injury caused by an enemy placed mine or trap qualifies as an enemy related injury and justifies award of the PH.

4. The evidence of record clearly establishes that the applicant was injured in action on 18 August 1969, while serving as a private first class, in the RVN, when he stepped on an enemy placed Punji Stick. It also confirms that he was treated for this injury by military medical personnel at the 57^th Evacuation Hospital, RVN. In the opinion of the Board, this evidence satisfies the regulatory criteria for award of the PH, and therefore, it concludes it would be appropriate to award the applicant the Purple Heart at this time.

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5. In addition, the record confirms that based on his unit service in the RVN, the applicant is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Thus, the Board finds this award should also be added to his record at this time.

6. 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, particularly the DD Form 214 of the individual concerned, be corrected by deleting the entry “Unknown” in Item 25 (Education and Training) and adding the entry “Code of Conduct, CBR, and Military Justice”; by awarding him the Purple Heart based on his being wounded/injured in action on 18 August 1969, while serving as a private first class in the RVN; by showing he earned the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that reflects these changes.

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


BOARD VOTE:

__SLP__ _ _SK __ __EJA___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Shirley L. Powell__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065564
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/03/19
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.