PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 April 2002
         DOCKET NUMBER: AR2002067839


         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. JoAnn H. Langston		Chairperson
Mr. George D. Paxson		Member
Mr. Charles Gainor		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 he be awarded the Purple Heart (PH).

3. The applicant states, in effect, that he was wounded in action in the Republic of Vietnam (RVN) on or about 18 February 1970. He states that he believes he should be awarded the PH because he served in combat and was wounded.

4. The applicant’s military records show that he was inducted into the Army of the United States and entered active duty on 15 January 1969. He continuously served on active duty for 2 years until being honorably separated on 14 January 1971.

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he was trained in and awarded military occupational specialty (MOS) 11B (Infantryman) and that he served in the RVN for 11 months and 29 days, from
29 June 1969 through 27 June 1970. During his tenure in the RVN, he was assigned to Company A, 2^nd Battalion, 28^th Infantry Regiment, 1^st Infantry Division, and performed duties in MOS 11B, as a rifleman and machine gunner. Item 40 (Wounds) confirms that he received a shrapnel wound to the abdomen, while serving in the RVN, in the rank and pay grade of sergeant/E-5 (SGT/E-5).

6. Item 38 (Record of Assignments) of the applicant’s DA Form 20 contains all excellent conduct and efficiency ratings for his entire tenure on active duty. Item 41 (Awards and Decorations) verifies that during his active duty tenure, he earned the National Defense Service Medal (NDSM); Vietnam Service Medal (VSM) with 3 bronze service stars; Combat Infantryman Badge (CIB); Air Medal (AM); Bronze Star Medal (BSM); RVN Campaign Medal; and the Sharpshooter Marksmanship Badge (Rifle). The PH and Army Good Conduct Medal (AGCM) are not included in the list of awards contained in Item 41.

7. The applicant’s Military Personnel Records Jacket (MPRJ) contains no derogatory information that would have precluded the applicant from receiving the AGCM, and it is void of a specific unit commander disqualification for this award.

8. The separation document issued to the applicant upon his separation from active duty on 14 January 1971, confirms that during his active duty tenure he received the following awards: NDSM; VSM with 3 bronze service stars; RVN Campaign Medal; CIB; AM; and Sharpshooter Marksmanship Badge (Rifle). The PH and AGCM are not included in the list of authorized awards contained in the DD Form 214.

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9. In support of his application, the applicant provides a copy of a Chronological Record of Medical Care (SF 600), which confirms that on 22 February 1970, he was treated for a shrapnel wound to the abdomen by military medical personnel in the RVN, which he had received four days earlier. He also provides other medical treatment records that confirm he received follow-up treatment for this wound.

10. Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy. Paragraph 2-8 contains guidance on awarding the PH. It states, in pertinent part, that the PH is authorized to members who are wounded in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained in action. The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.

11. Chapter 4 prescribes the policy for award of the AGCM and it states that this award is for awarded for a period of exemplary behavior, efficiency, and fidelity in active Federal military service. For the first award only, a period of more than
1 year is considered a qualifying period, if given at the termination of a period of active Federal service. It is the decision of the unit commander to award the AGCM, however, a specific disqualification action must be taken to deny the award.

12. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that the applicant’s unit, the 28^th Infantry Regiment, earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment tenure with the unit in the RVN.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he should be awarded the PH based on his having been wounded in action in the RVN, and it finds this claim has merit.

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2. By regulation, 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.

3. In the opinion of the Board, the entry in block 40 (Wounds) of the applicant’s
DA Form 20, confirms that he received a shrapnel wound to the abdomen, while serving as a SGT/E-5 in the RVN. The SF 600 and other medical treatment records further verify that he was initially treated for a shrapnel wound by military medical personnel in the RVN on 22 February 1970, and that he received follow-up medical treatment for this wound. These facts more than satisfy the regulatory burden of proof necessary to award him the PH. Therefore, the Board concludes it would be appropriate to award him the PH at this time. .

4. In addition, lacking any derogatory information on file or a specific disqualification from any of the unit commanders for which he served, the Board concludes that the applicant should be awarded the first award of the AGCM for his period of honorable qualifying service from 15 January 1969 through
14 January 1971.

5. The Board also finds that based on his unit service in the RVN, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Thus, the Board concludes that it would also be appropriate to add these awards to his record at this time.

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

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RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for being wounded in action, while serving as a SGT/E-5 in the RVN, on 18 February 1970; by awarding him the first award of the Army Good Conduct Medal for his period of honorable qualifying service from 15 January 1969 through 14 January 1971; and by showing that he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on his unit service in the RVN; and by providing him a corrected separation document that includes these awards.

BOARD VOTE:

JHL GDP CG GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  JoAnn H. Langston
                  CHAIRPERSON
ON

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INDEX

CASE ID	AR2002067839
SUFFIX
RECON
DATE BOARDED	2002/04/25
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1971/01/14
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	ETS
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2. 46	107.0000
3.
4.
5.
6.