PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 June 2002
         DOCKET NUMBER: AR2002070667


         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. Irene N. Wheelwright		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Richard T. Dunbar		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 state, in effect, that he received a shrapnel wound on 7 July 1970, while serving in the Republic of Vietnam (RVN). In support of his application, he submits a copy of his Chronological Record of Medical Care (Standard Form 600) and his separation document (DD Form 214).

4. The applicant’s military records show that he entered the Army on
23 January 1969, and that he was trained and served in military occupational specialty (MOS) 51K (Plumber). On 16 January 1971, he was honorably released from active duty (REFRAD), by reason of early separation from overseas, in the rank of specialist four/E-4 (SP4/E-4).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 25 March 1970 to 15 January 1971. It also shows that while serving in the RVN, he was assigned to Company C, 34^th Engineer Battalion, and that he performed duties in MOS 51K. Item 40 (Wounds) of this document is blank and contains no entry indicating that the applicant was ever wounded in action. Item 41 (Awards and Decorations) shows that he earned the following awards during his active duty tenure: Army Commendation Medal ; Vietnam Service Medal; RVN Campaign Medal with 60 Device; and National Defense Service Medal.

6. His Military Personnel Records Jacket (MPRJ) contains no orders or other documents that would confirm he was wounded in action or awarded the PH. In addition, it is void of any derogatory information that would disqualify him from receiving the Army Good Conduct Medal (AGCM) and there is no indication that he was ever denied this award by any of the unit commanders for which he served while on active duty.

7. The Standard Form 600 provided by the applicant does confirm that he was treated for a slither of metal he received in the upper quadrant of his chest on
7 July 1970. However, this document provides no indication or verification that this wound was received as a result of enemy action

8. In the processing of this case, a member of the Board staff researched the Republic of Vietnam Casualty list to determine if the applicant’s name was included. This search was negative, his name was not among those who were listed as being wounded in action in the RVN.

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9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains guidance on awarding the PH. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this 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.

10. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN. Table B-1 lists all campaigns and confirms that during the applicant’s assignment tenure in the RVN members were credited with participation in the following three campaigns: Vietnam Winter-Spring1970;
DA Sanctuary Counteroffensive; and Vietnam Counteroffensive Phase VII.

11. Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years; however, in the case of the first award, the qualifying period is 1 or more years when it is awarded at the termination of a period of Federal military service. There is no automatic entitlement to the AGCM; however, disqualification must be justified.

12. Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1. The Board notes the applicant contention that he was wounded in action in the RVN and is entitled to the PH. However, it finds insufficient evidence to support this claim.

2. By regulation, in order to support an award of the PH, it is necessary to establish that a member was wounded in action and 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. The evidence of record confirms that while serving in the RVN, the applicant was treated for a slither of shrapnel he received in his chest on 7 July 1970. However, the record of treatment does not provide confirmation that this wound was the result of action against the enemy. Further, Item 40 (Wounds) of his
DA Form 20 is blank, which would indicate he was never wounded in action, and there are no orders or other documents on file that show he was ever wounded in action or awarded the PH.

4. In the opinion of the Board, since the applicant was treated for this injury by military medical personnel, had there been sufficient medical evidence to support his receiving the PH, it would have been made a matter of record and awarded at the time. The Board wishes to advise the applicant that the veracity of his claim of entitlement to the PH is not in question, and he is congratulated on his excellent record of combat service. However, based on the lack of evidence, it is compelled to deny the requested PH. This action is taken solely based on the lack of evidence in the interest of justice to all those who served in the RVN and who faced similar circumstances.

5. The Board did find, lacking any derogatory information on file or a specific disqualifying action from any of his unit commanders for which he served, that the applicant served a qualifying period of honorable service that entitles him to receive the first award of the AGCM. In addition, his service in the RVN and participation in 3 campaigns entitles him to 3 bronze service stars with his Vietnam Service Medal and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, the Board finds that it would also be appropriate to add these awards to his records at this time.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the first award of the Army Good Conduct Medal for honorable active military service from 23 January 1969 through 16 January 1971; showing that, based on his service in the RVN, he earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and
3 bronze service stars for his Vietnam Service Medal; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:

__INW__ __KAN__ __RTD___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Irene N. Wheelwright ___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070667
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/06/27
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	Partial Relief
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.