PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 April 2002
         DOCKET NUMBER: AR2002069943


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Hubert O. Fry		Member
Mr. Thomas E. O’Shaughnessy		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 award of the Purple Heart.

3. The applicant states that the manner in which he was wounded was incorrectly reported. He states that he was never given the Purple Heart which he “so richly deserves” and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows award of the Combat Infantryman Badge, but not the Purple Heart.

4. The applicant describes the event which resulted in his wounds. He states that he was involved in a “fire fight” and had to cross a river during this fire fight. He states that other soldiers had crossed in front of him and when he reached the other bank he handed another soldier the butt of his rifle to help him ashore. The applicant states that the other soldier grabbed the rifle and pulled the trigger shooting the applicant in the chest.

5. The applicant further contends that it is very upsetting and an insult to be wounded in battle and to later find that someone who knew not the circumstances, makes a determination that the wound was self inflicted. He then requests that his personnel and medical records be corrected and that he be issued the Purple Heart. The applicant concludes that he has been done a grave injustice and requests that it be corrected.

6. In support of his application, the applicant provided a 26 February 2002 letter from the North Carolina Division of Veterans Affairs; two statements, one dated 17 January 2001 and one undated, from a person who asserts that he served with the applicant in Vietnam; a copy of the applicant’s DD Form 214; a copy of a Standard Form 502 (Clinical Record), dated 19 August 1968; a DA Form
8-275-2 (Clinical Record Cover Sheet) with a disposition date of 18 September 1968; a Standard Form 502, dated 22 September 1968; and a DA Form
8-275-2 with a disposition date of 23 November 1968.

7. The applicant’s military records show he entered active duty on 29 August 1967 and served two tours of duty in Vietnam. The first assignment was from 9 April 1968 through 25 September 1968 and the second tour of duty was from 3 August 1969 to 2 August 1970. The applicant was honorably separated from active duty on 2 August 1970.

8. The applicant’s DD Form 214, which is authenticated in his own hand, does not show the Purple Heart as an authorized award.

9. There are no orders in his service personnel records which show that he was awarded the Purple Heart.

10. There is no evidence in the applicant’s service personnel records that shows he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

11. Medical records provided by the applicant show he sustained a gunshot wound to the abdomen and chest. The DA Form 8-275-2, prepared at the 106th General Hospital when the applicant was admitted on 19 August 1968, contains the entry: “AI [accidental injury]: 0820 hrs [hours], 7 Aug 68, near LZ [landing zone] Baldy, RVN [Republic of Vietnam]. Patient injured when his weapon accidentally discharged while crossing river.”

12. The statement, dated 17 January 2001, provided by the applicant in support of his application essentially describes the applicant’s guilt over events that occurred during his assignments in Vietnam.

13. The second statement provided by the applicant is undated, but is signed by the same person who signed the first statement. This statement describes events of 7 August 1968 near LZ Baldy in Vietnam as follows:

         “[The applicant’s name omitted] platoon was ambushed by Vietcong Snipers. While hastily trying to help [the applicant] get out of the stream and away from enemy fire [the applicant] handed [the name of another fellow soldier omitted] the stock of his M-16. As [the applicant] was being pulled from the stream the weapon discharged shooting and wounding him in the left chest area. This happened due to the enemy’s malicious attack. Therefore I feel [the applicant] well deserves and should be awarded and honored with the Purple Heart. [The name of the other fellow soldier omitted] was killed shortly after [the applicant] was wounded. The information on the Clinical Record Cover Sheet does not indicate the specifics of the incident.”

14. The Board noted that the applicant was entitled to unit awards which were not shown on his DD Form 214.

15. 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, at the time of the applicant’s assignment to the 87th Engineer Company, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 51, dated 1971.

16. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 87th Engineer Company, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 51, dated 1971.

17. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded 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, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1. There is no evidence of record which shows that the applicant was awarded the Purple Heart.

2. Medical evidence of record shows that competent medical authority determined the applicant was accidentally injured when he was shot while crossing a river on 7 August 1968.

3. The Board considered the statement by the fellow soldier describing the events surrounding the applicant’s wounding. However, this statement is not sufficient by itself as a basis for award of the Purple Heart for several reasons. The statement was made over 30 years after the fact. There is no evidence the person making the statement was an eye witness to the events which resulted in the applicant’s injuries on 7 August 1968. Finally, there is no official military record which shows that the applicant’s wounding on 7 August 1968 was the result of hostile action; however, there are personnel records and medical records which clearly indicate the applicant was not wounded as a result of hostile action.

4. Based on the foregoing, the Board determined that the applicant was injured as the result of an accident on 7 August 1968 and that there is insufficient evidence upon which to base award of the Purple Heart in this case.

5. Orders show the applicant was entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show this foreign unit award.

6. Orders show the applicant was entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show this foreign unit award.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned 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.

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

BOARD VOTE:

__TEO__ __HOF___ __AAO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Mr. Arthur A. Omartian___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069943
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020430
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT)
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.