PROCEEDINGS


         IN THE CASE OF:
        
        
         BOARD DATE: 11 June 2002
         DOCKET NUMBER: AR2002068374

         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Roger W. Able		Member
Mr. Harry B. Oberg		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 the Republic of Vietnam in December 1970. He states that he was wounded in the field, was sent to the hospital in Phu Bai, was medically evacuated to Guam, was operated on there and then was sent to the hospital at Fort Knox, Kentucky.

4. The applicant has submitted nothing, other than his current Veterans Administration Claim Number, in support of his application for award of the PH.

5. The applicant’s military records show that he was inducted into the Army of the United States on 26 February 1970. He received his Basic Combat Training at Fort Knox, Kentucky. He also received his Advanced Individual Training at Fort Knox. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).

6. On 27 July 1970, he arrived in the Republic of Vietnam (RVN) and on
8 August 1970, he was assigned to D Troop, 2^nd Squadron, 17^th Cavalry Regiment of the 101^st Airborne Division. He served with that unit until he was admitted to the 85^th Evacuation Hospital in the RVN on 19 December 1970. The applicant was present and participated in the DA Sanctuary Counteroffensive and the Vietnam Counteroffensive, Phase VII, Campaigns that extended from
1 May 1970 through 30 June 1970 and from 1 July 1970 through 30 June 1971, respectively.

7. On 19 December 1970, the applicant was injured when he jumped from a helicopter in Vietnam. There is no documentary evidence in the applicant's medical records that would indicate that the jump was made while the helicopter was taking hostile fire or that the enemy was being engaged when he jumped from the helicopter.

8. On 1 January 1971 he was medically evacuated from the RVN, first to the Naval Hospital in Agana, Guam, then further evacuated to Ireland Army Hospital, Fort Knox, Kentucky, to receive further medical treatment.

9. On or about 18 February 1971, an investigation was conducted to determine the events and details surrounding the applicant's injury and evacuation from Vietnam. The investigation was prompted by an inquiry initiated by the applicant's mother on 11 January 1971 to a Member of Congress (MOC) seeking information about why she had not been informed that her son had been injured and evacuated from Vietnam. The investigation revealed that the applicant had sustained torn ligaments in his right knee when he jumped from a helicopter. In the response to the MOC, the Office of the Adjutant General advised that, "there is no provision for official notification when a member sustains non-serious injuries which were not the result of hostile action."

10. The applicant's DA Form 20 (Enlisted Qualification Record) shows no entry in Item 40 (Wounds). There is no entry in Item 41 (Awards and Decorations) of the DA Form 20 showing that the applicant was awarded the Purple Heart. There are no orders in the applicant's Military Personnel Records awarding him the PH.

11. He was placed on the permanent physical disability retired list in the rank of Specialist Four, pay grade E-4, on 2 September 1971. On his retirement date, he had a total of 1 year, 6 months and 7 days active Federal service with no time lost. His DD Form 214 shows that he was awarded the National Defense Service Medal and the Vietnam Service Medal.

12. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the 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.

13. The above-cited regulation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

14. Army Regulation 670-1, in effect at the time, governed the requirements for the Overseas Service Bar. In pertinent part, it provided 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. One overseas service bar is authorized for each six-month period served in the Republic of Vietnam. To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

15. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

16. The Army's awards regulation also sets forth requirements for award of basic marksmanship qualification badges. Qualification badges are awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

17. 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 that the unit the applicant served with, D Troop, 2^nd Squadron, 17^th Cavalry Regiment, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period from 2 December 1969 through 8 January 1971 by Department of the Army General Order Number 24, dated 1972. The applicant's DD Form 214 does not show this award as an authorized award because it was awarded to his unit after he had been placed on the permanent retired disability list.

CONCLUSIONS:

1. To be awarded the Purple Heart, the applicant would have to show that he was wounded and 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. From the content of the response provided the MOC by the Adjutant General of the Army, based on an investigation into the circumstances of the applicant's injury and evacuation from Vietnam, it is concluded that his injury was not a result of engagement in hostile fire with the enemy. Therefore, no basis has been established for award of the PH.

2. A review of applicant's records revealed that he was not awarded a Good Conduct Medal on his retirement from active duty for physical disability reasons and there is no disqualifying information recorded in his personnel records; therefore, he is entitled to award of the Good Conduct Medal for the period of service from 26 February 1970 through 2 September 1971.

3. The applicant served with, D Troop, 2^nd Squadron, 17^th Cavalry Regiment, during the period for which it was cited for award of the RVN Gallantry Cross with Palm Unit Citation (from 2 December 1969 through 8 January 1971) by Department of the Army General Order Number 24, dated 1972. The applicant's DD Form 214 does not show this award as an authorized award because it was awarded to his unit after he had been placed on the permanent physical disability retired list. It would be appropriate to add this unit award to his DD Form 214 at this time.

4. The evidence of record shows that the applicant was present and participated in two campaigns during his tenure in the Republic of Vietnam. He is therefore entitled to two bronze service stars to be affixed to his already awarded Vietnam Service Medal. Award of these two bronze service stars is not shown on his separation document it would therefore be appropriate to add them to this document at this time.

5. The applicant served in the Republic of Vietnam, a hostile fire zone, for over six months and is therefore entitled to one Overseas Service Bar. This award is not shown on his DD Form 214 and it should be added to this document at this time.

6. The applicant's Personnel Qualification Record, DA Form 20, shows that the applicant qualified as sharpshooter and was awarded the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar on 16 April 1970. The DA Form 20 also shows that the applicant qualified as marksman and was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar on 21 May 1970. Finally, the DA Form 20 also shows that the applicant qualified as expert and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar on 2 June 1970. These badges are not shown on his DD 214 and it would therefore be in the interest of justice to add them to this document now.

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

RECOMMENDATION:

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

a. by awarding the applicant the Good Conduct Medal for the period of service from 26 February 1970 through 2 September 1971.

b. by deleting the Vietnam Service Medal from Item 24 of the applicant's DD Form 214 dated 2 September 1971.

c. by showing he was awarded the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the RVN Gallantry Cross with Palm Unit Citation, one Overseas Service Bar, the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, the Marksman Marksmanship Qualification Badge with Machinegun Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar.

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

BOARD VOTE:

__fne___ __rwa___ __rtd___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068374
SUFFIX
RECON
DATE BOARDED	20020611
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0015
3.
4.
5.
6.