PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 May 2002
         DOCKET NUMBER: AR2002070823


         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. Melvin H. Meyer		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Donald P. Hupman		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, on or about 29 March 1969, he was injured in a rocket attack while serving in Vietnam, but was not awarded the Purple Heart. He contends that he was eligible for award of the Purple Heart. The applicant also states that a medical report, dated 10 April 1969 does not show the extent of his injuries or that they were the result of hostile fire. He contends that a medic told him that he would receive the Purple Heart as a result of his injuries. The applicant argues that he thought the true heroes were the infantrymen who saved his base at Bien Hoa, Vietnam, from being overrun. The applicant further contends, in effect, that he told the medic not to write him up for the Purple Heart and the medic told the applicant that he would regret it. He states that his other knee was injured as were his feet and he could not wear a shoe on one foot and was unable to walk for a time. The applicant acknowledges that the medic was right, that he [the applicant] has regretted not receiving the Purple Heart his whole life, and that he has been trying for years to get the record corrected.

4. In support of his application, the applicant submitted a 9 October 2001 statement from a former fellow soldier with whom he served in Vietnam; a copy of orders showing that this fellow soldier was assigned to the 520th Personnel Service Company; a 5 October 2001 statement from a second former soldier who states the he worked on the same records team in the 537th Personnel Service Company with the applicant; copy of orders showing that this second soldier was assigned to the 520th Personnel Service Company; an 8 October 2001 statement from a third former fellow soldier who states that he served in Vietnam on Records Team #6 with the applicant; a copy of orders showing that this third soldier was assigned to the 537th Personnel Service Company; a 16 April 1996 statement from the applicant’s wife; a letter, dated 15 April 1996, from a friend; a copy of one page of a medical document from the applicant’s Department of Veterans Affairs (DVA) claim file; and a copy of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

5. The applicant’s military records show that he was inducted on 8 November 1967 and completed training as a infantryman. However, the applicant served in Vietnam from 18 November 1968 through 15 August 1969 as a personnel specialist. He was honorably separated from active duty on 20 August 1969.

6. The applicant’s DD Form 214, which is authenticated in his own hand, does not show the Purple Heart as an authorized award in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

7. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that 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).

8. The applicant’s service personnel records contain the applicant’s separation medical examination, dated 20 August 1969. This document shows no residuals of scars or other injuries consistent with the explosion of rockets or the injuries described by the applicant and the fellow soldiers who submitted statements of support.

9. The 9 October 2001 letter of support from the first soldier states in part:

         “[The applicant’s name omitted] has indicated that he is applying for a Purple Heart for injuries he received and has ask if I recalled his injury. I do in fact recall that while [the applicant] was on berm guard in March of 1969 (during the Tet Counteroffensive of January 30 1968 to April 1, 1968) our base and his bunker came under rocket attack and [the applicant’s] legs were injured in the attack. I recall him not wanting to go to the Medivac facility as he thought his injuries were minor. However, after a couple of days he was unable to walk, myself and others in our Company forced him to see a doctor. His knees were badly damaged as I recall via excessive bruises and cuts.”

10. The 5 October 2001 letter of support from the second soldier described the “Feb 22 1969 TET offensive” as the “largest offensive in the wars history.” The second soldier stated:

         “March 30th 1969 [the applicant was wounded, but didn’t die when an incoming rocket hit his hooch. [The applicant] could hardly walk after being patched up he refused his purple heart. [The applicant] went home alive but still suffered over the pain and stress for years of the Vietnam War.”

11. The 8 October 2001 letter of support from the third soldier stated in part:

         “The rocket attack around March 27 1969 that injured [the applicant] made a direct hit on the 1st Cav’s [1st Cavalry Division] communications and command bunker which was right next to our hooches… When [the applicant] asked me to write a letter in his support relating to stressors we experience I said one word should describe it, TET.”

12. The 16 April 1996 letter of support from the applicant’s wife stated in part:

         “I am writing to verify that [the applicant] was wounded during action in Vietnam. [The applicant] told me, his wife, about being wounded in Vietnam. I remember he said the base was attacked. He was alone lying in his bunk when it was hit. Scrambling to get off the bunk and under it he skinned his knees. He told me about going to the dispensary and how the nurse scrubbed them until they were bleeding a second time. He explained that he was told they would submit the papers for a Purple Heart medal for him. [the applicant] wrote me at the time that he was no hero and to the Purple Heart to those who were severely injured. I wrote back saying I agreed with him.”

13. The 15 April 1996 letter of support from a neighbor states in part:

         “I recall him [the applicant] telling me many years ago about injuries he sustained in Vietnam, when his unit came under rocket attack. He told me that he was offered the Purple Heart award but turned it down, as he felt his actions were undeserving.”

14. The applicant provided a copy of a medical record from DVA records. This document does not show the applicant’s name, service number or unit. It does show an entry, dated “1 APR 69” for “abrasion”; however, the remainder of the entry is illegible. This entry is followed by the words “cleaned & dressed,” but the document does not show the signature, rank and position of the person who rendered treatment that day.

15. The Board noted that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to three bronze service stars to be worn on his Vietnam Service Medal which are not shown on his DD Form 214.

16. 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.

17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that all units assigned to U.S. Army Vietnam received the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Headquarters, Department of the Army General Orders Number 8, dated 1974.

18. Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the military campaigns of the Vietnam War. Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in three campaigns of the Vietnam War.

19. 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.
CONCLUSIONS:

1. The Board considered the applicant’s contention that he is entitled to award of the Purple Heart for injuries sustained during his assignment in Vietnam.

2. The Board reviewed the statements from fellow soldiers at the time in question, the applicant’s wife, and a neighbor submitted by the applicant. However, these statements by themselves are not sufficient as a basis for award of the Purple Heart because they are rendered over 30 years after the fact, because none of the statements by fellow soldiers indicate they were present when the applicant was allegedly injured and because the statements present different dates and circumstances.

3. The Board also reviewed the medical record submitted by the applicant. This document is not sufficient as a basis for award of the Purple Heart because it does not indicate that competent medical authority determined the applicant was wounded or injured as a result of hostile action and because that portion related to “abrasion” is incomplete and for the most part illegible.

4. The Board also noted the evidence of record which shows that the applicant was not awarded the Purple Heart and was not wounded or treated for wounds as a result of hostile action, specifically his DD Form 214 which he authenticated at the time of his separation and his DA Form 20.

5. Based on all of the foregoing and in the absence of evidence of record which shows the applicant was wounded and treated for wounds resulting from hostile action, the Board determined that there is insufficient evidence in this case upon which to award of the Purple Heart.

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

7. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars to be worn on his Vietnam Service Medal.

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

BOARD VOTE:

__KAN__ __MHM__ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Mr. Melvin H. Meyer__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070823
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020514
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.	107.0015.0000
2.
3.
4.
5.
6.