PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 October 2002
         DOCKET NUMBER: AR2002068828


         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
Ms. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Shirely L. Powell		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 that he be awarded the Purple Heart.

3. The applicant states that he was on patrol in Vietnam when a booby trap set off a mortar round. He was temporarily blinded. The next day he sought care for burning eyes. He provides witness statements as supporting evidence. One statement, dated 12 December 2001, states that on 14 February 1970 the applicant was a member of a patrol moving to its night ambush position. The point man triggered an explosive device which wounded several men. The witness remembers that Pete P___, Roger P___, Leonard F___, and Gary P__ were medically evacuated. The applicant complained that night of his eyes hurting due to looking in the direction of the explosion when it happened. The next morning his eyes were swollen and red. The witness accompanied the applicant to the medics who gave him an ointment to put on his eyes for a few days to help with the swelling, redness, and pain. In a 23 October 1981 letter to the U. S. Army Reserve Components Personnel and Administration Center, the applicant stated that his lieutenant was going to put him in for the Purple Heart but he was wounded before he could.

4. The applicant’s military records show that he enlisted in the Regular Army on 21 April 1969. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5. The applicant arrived in Vietnam and was assigned to Company D, 1st Battalion, 20th Infantry on 15 October 1969 as a rifleman and grenadier. General Orders 6362, Headquarters, Americal Division dated 18 June 1970 awarded him the Army Commendation Medal for service. General Orders 12202, Headquarters, Americal Division dated 9 September 1970 awarded him the Army Commendation Medal with V device for heroism on 23 June 1970. He departed Vietnam on 1 October 1970 after being credited with four campaigns.

6. The applicant was released from active duty on 20 April 1971 after completing 2 years of creditable active service with no lost time. His Report of Transfer or Discharge, DD Form 214, shows he was awarded the National Defense Service Medal, the Army Commendation Medal with V device, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with 60 device, and the Bronze Star Medal. His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency were rated as excellent throughout his service. It does not show that he was wounded. He is not listed on the Vietnam Casualty Roster. Copies of some service medical record documents are available (it cannot be determined if the available documents constitute his entire medical records). There is no record of his being treated for an eye injury in February 1970. On his separation Report of Medical History, SF 89, he did not mention that he had been treated for an eye injury or that he had eye problems.
7. Army Regulation 600-8-22 provides for award of the Purple Heart for a wound sustained 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. It provides for wear of one bronze service star on the appropriate service medal for each credited campaign.

8. An Authorization for Issuance of Awards, DA Form 1577, dated 18 December 1979 authorized issuance to the applicant of the Army Good Conduct Medal, the Sharpshooter Qualification Badge with automatic rifle bar, and the Expert Qualification Badge with rifle bar in addition to the awards shown on his DD Form 214. On an unknown date, The Adjutant General issued an official statement awarding him the Combat Infantryman Badge.

9. Department of the Army Pamphlet 672-3 shows that the 1st Battalion, 20th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August - 31 December 1969 and 31 March - 30 June 1970. It states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation badge are not authorized, official military personnel and historical records will indicate all awards received.

10. The historical files of Company D, 1st Battalion, 20th Infantry, 11th Infantry Brigade, 23d Infantry (Americal) Division were reviewed at the National Archives in College Park, MD. The review failed to identify the applicant as being eligible for award of the Purple Heart. The Staff Duty Journal for the battalion for 14 February 1970 shows that at 7:50 p.m. there was an urgent requirement to medically evacuate four injured soldiers -- P___, F___, P___, and P__ (with a minor difference in the spelling of one name, the four soldiers mentioned in the 12 December 2001 witness statement).

CONCLUSIONS:

1. The applicant provides five witness statements attesting to his being injured as a result of hostile action. One of those statements is detailed with the names of four other soldiers injured in the same action. The battalion's Staff Duty Journal confirms that witness statement by showing that the same four soldiers were injured on the evening of that day. However, there is no evidence of record to show he was wounded on 14 February 1970 or treated for injuries around that date.

2. The applicant was awarded two awards of the Army Commendation Medal -- one for service and one for heroism. His DD Form 214 only shows he was awarded one Army Commendation Medal for heroism.

3. The applicant was issued the Army Good Conduct Medal, the Sharpshooter Qualification Badge with automatic rifle bar, and the Expert Qualification Badge with rifle bar in 1979. It appears he may have later been issued the Combat Infantryman Badge. He is also eligible to wear four bronze service stars on the Vietnam Service Medal.

4. The applicant was assigned to a unit during a period of time that unit was awarded two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Although he may wear only one Republic of Vietnam Gallantry Cross with Palm Unit Citation, both should be entered on his DD Form 214.

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

RECOMMENDATION:

1. That the applicant's DD Form 214 be amended to add the Army Good Conduct Medal, the Sharpshooter Qualification Badge with automatic rifle bar, the Expert Qualification Badge with rifle bar, and the Combat Infantryman Badge; to show he was awarded two awards of the Army Commendation Medal (one with V device) and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and to show he is authorized to wear four bronze service stars on the Vietnam Service Medal.

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

BOARD VOTE:

__FNE__ __SLP__ _ _EJA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Fred N. Eichorn__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068828
SUFFIX
RECON
DATE BOARDED	2002/10/22
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	PARTIAL
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.