PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 05 NOVEMBER 2002
         DOCKET NUMBER: AR2002071115


         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Mr. Eric N. Andersen		Member
Mr. John T. Meixell		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.

---

2. The applicant requests award of the Purple Heart. He states that information provided to him by the National Archives and Records Administration (NARA), in response to his request for awards and decorations, including the Purple Heart, was incorrect. He maintains shrapnel from an enemy rocket wounded him in early July 1970. He states that following the attack he "discovered what looked like little pieces of wire in [his] thigh and index finger," which he pulled out. He states that while the shrapnel felt like "nothing more than a hot bee sting," he did report the injury to his platoon leader and asked if he could "go on sick call." He states his platoon leader denied his request twice, but ultimately, several days later when his arm was so infected it was "twice its normal size," allowed him to go on sick call. He submits no evidence in support of his request but contends that "all the facts were concealed because military law was violated by [his] not being allowed to go on sick call."

3. He entered active duty on 23 January 1969 and was assigned to Vietnam as an infantryman, with the 1^st Battalion, 502^nd Infantry, in April 1970.

4. According to copies of original casualty reports and Western Union Telegrams, which are contained in the applicant's file, he was hospitalized on
9 July 1970 for "tenosynovitis" in his right index finger. The casualty message noted the applicant's hand became infected "approximately 9 days ago" and there were "no signs of cuts or scratches." The report noted the applicant was at base camp at the time and his infection was reported as "non-hostile." Periodic messages regarding his status continued until a final message, issued on 19 July 1970, indicated the applicant would likely return to duty not later than 24 August 1970.

5. The applicant remained in Vietnam until February 1971 when he returned to the United States and completed his enlistment contract at Fort Lewis, Washington. While in Vietnam he participated in three designated campaign periods.

6. He was released from active duty on 7 January 1972. Neither his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) nor his DA Form 20 (Enlisted Qualification Record) reflects entitlement to the Purple Heart and item 40 (wounds) on his DA Form 20 is blank. The applicant last authenticated his DA Form 20 in December 1971 and his separation report was authenticated on the day he was released from active duty.

7. In February 2001 the applicant submitted an application to NARA requesting issuance of "all medals that [he was] entitled to" including the Purple Heart for shrapnel wounds. He submitted a copy of a 1970 casualty report noting his



hospitalization for tenosynovistis [also commonly referred to as "trigger finger" and occurs most often in long or ring fingers (occasionally in thumb), produces a painful clicking as inflamed tendon passes through constricted sheath as finger is flexed and extended; digit may lock in flexion, extension, or may be arrested in the middle range] in support of his request.

8. Officials at the NARA authorized issuance of the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars (Vietnam Winter-Spring-1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII), the Combat Infantryman Badge, a "Republic of Vietnam Campaign Ribbon w/Device (1960)" and a "Sharpshooter Badge w/Rifle and Grenade Bars". All but the Combat Infantryman Badge, Sharpshooter Qualification Badge with "grenade" bar and the three bronze service stars on his Vietnam Service Medal were already reflected on his DD Form 214. For some reason his separation document incorrectly indicates entitlement to the Republic of Vietnam Campaign Medal "w/OLC." The NARA also explained that his injury did not meet requirements for award of the Purple Heart because there was no evidence that his injuries were received "as a direct result of hostile action." They advised the applicant to file an application to this Board if he felt "an injustice has been done…."

9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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. Commanders of medical treatment facilities were authorized to award the Purple Heart.

10. There are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.

11. Although the NARA authorized issuance of a Sharpshooter Qualification Badge with "rifle" and "grenade" bars, only the Sharpshooter Qualification Badge with "rifle" bar is confirmed in the applicant's records.

12. By virtue of his assignment in Vietnam the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one Republic of Vietnam Campaign Medal (referred to as a "Ribbon" by NARA) with Device (1960).


CONCLUSIONS:

1. Although the applicant maintains that his hand injury was the result of hostile action there is no evidence, beyond his own statement, which supports that contention. Copies of casualty messages and Western Union Telegrams, contained in the applicant's original military personnel file, indicate the injury was "non-hostile." The Board also notes that the applicant was hospitalized for several weeks. Had there been evidence the injury was combat related the medical treatment facility commander had the authority to award the Purple Heart. In the absence of more compelling documentation, the Board concludes that there is insufficient evidence to award the applicant the Purple Heart.

2. Although there is no direct evidence the applicant was engaged in active ground combat, the evidence does confirm the applicant was an infantryman assigned to an infantry unit throughout the duration of his assignment in Vietnam. As such the Board finds, in the interest of justice and equity, that it would be appropriate to confirm the applicant's entitlement to the Combat Infantryman Badge which was authorized for issuance by the NARA.

3. The evidence also confirms the applicant participated in three designated campaigns during his tour of duty in Vietnam and as such it would be appropriate to confirm his entitlement to three bronze service stars on his Vietnam Service Medal which was authorized for issuance by the NARA.

4. Unfortunately there is no evidence in available records which confirms the applicant was awarded the Sharpshooter Qualification Badge with "grenade" bar and as such the Board can not confirm entitlement to that badge, in spite of the fact that the NARA authorized its issuance.

5. The Board also notes that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation as a result of his service in Vietnam, in addition to the Republic of Vietnam Campaign Medal with Device (1960). His record should be corrected accordingly.

6. 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:

a. by awarding the individual concerned the Combat Infantryman Badge;

b. by showing that he is entitled to three bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Campaign Medal with Device (1960) vice the Vietnam Campaign Medal "w/OLC" currently reflected on his separation document.

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

BOARD VOTE:

__MHM__ __ENA__ __JTM___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___ Melvin H. Meyer_____
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002071115
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021105
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.