PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 August 2002
         DOCKET NUMBER: AR2002071357


         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. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumper		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Regan K. Smith		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 his military records be corrected to show he was awarded the Purple Heart.

3. The applicant states, in effect, that he is entitled to the Purple Heart for a friendly fire injury he received in combat in Vietnam.

4. In support of his request, he submits a copies of pictures he asserts show him receiving the Purple Heart, an extract from his civilian medical records which indicates there is a small 5 mm radio-opaque foreign body noted over the left chest area that may be due to an old penetrating trauma, a combat operations after-action report that indicates that on 1 March 1967 two personnel from Company C were slightly wounded from friendly fire. Also submitted were three letters, with envelopes post marked March, April, and June 1967, wherein the applicant informs his parents that he was wounded and awarded the Purple Heart. He also submits three eyewitness statements. One eyewitness, a retired colonel, states he was the applicant's company commander. He attests that he recalls an incident where the applicant and another soldier were on a listening post when the other soldier heard movement and threw a grenade toward the noise. The hand grenade traveled only a few feet before it hit a branch or some form of undergrowth and then detonated. The applicant was slightly wounded in the back by grenade shrapnel. His recollection of this event is sharpened by the fact his battalion commander counseled him that because of his leadership his soldiers were hurting themselves. He cannot account for the fact that no orders were cut for the award except to say that the regular medic was away at school and a temporary medic was filling in for him and the fact that the applicant's wounds were treated in the field. He also remembers that awards such as the combat infantryman badge and Purple Heart were often presented before receipt of the actual orders. He has seen the photographs in the applicant's possession and he is absolutely convinced they depict the brigade commander presenting the Purple Heart to the applicant. He sent the Board a copy of his assumption of command orders for of Company C, 2^nd Battalion, 28^th Infantry. The two other eyewitnesses state they served with the applicant in Vietnam when he was wounded. One eyewitness also states he remembers the applicant being bandaged and staying back at the base camp while he recovered from his wounds.

5. The applicant’s military records show that he was inducted on 16 August 1966. He was trained as a 31G, Communications Specialist, and achieved the rank of sergeant. He served in the Republic of Vietnam (RVN) from 10 January 1967 through 7 January 1968, while assigned to Company C, 2^nd Battalion, 28^th Infantry, 1^st Infantry Division, his character of service was honorable, and he was transferred to the US Army Reserve on 15 August 1968. He had completed a total of 2 years, 0 months and 0 days of creditable active service and had no lost time.

6. The pictures sent in by the applicant shows an individual pinned with the Purple Heart. The soldier in the picture has on a uniform that has no US Army, nametag or rank. In the applicant's record is his identification card picture that does resemble the individual being award the Purple Heart in the pictures sent by the applicant.

7. His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, signed by the applicant, reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, the Combat Infantryman Badge and Marksman Badge with rifle bar and no lost time. The Purple Heart is not listed as an authorized award.

8. The applicant’s DA Form 20 (Enlisted Qualification Record), signed by the applicant, shows the applicant served as an infantryman in rifleman, it does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). Awards listed in item 41, but not on his DD Form 214, are the Army Commendation Medal with 1^st Oak Leaf Cluster, and two Overseas Bars.

9. His record contains orders that show he was awarded the Bronze Star Medal for the period January 1967 to December 1967.

10. On 23 April 1968, the applicant completed a Report of Medical History form in preparation for a separation physical examination. In response to the question "Have you ever had any illness or injury other those already noted?" the applicant indicated "No" and there are no entries on the form concerning any illness or injuries.

11. Army Regulation 600-8-22 (Military Awards) 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.

12. The same regulation provides, in pertinent part, that the Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service. For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.





13. The same regulation provides that the 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. In the applicant’s case, he is entitled to credit for the Vietnam Counteroffensive, Phase II and Phase III Campaigns.

14. 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 Company C, 2^nd Battalion, 28^th Infantry, 1^st Infantry Division, the unit was cited for award of the Republic of Vietnam Gallantry (RVN) Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Orders Number 51, dated 1971, and the RVN Civil Actions Honor Medal-First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO 53, dated 1970.

CONCLUSIONS:

1. While the Board has no reason to doubt the applicant’s statement that he was in fact wounded, documentary evidence is required to correct a military record.
The Board seriously considered the three eyewitness statements submitted on behalf of the applicant who asserts that he was wounded by friendly fire and awarded the Purple Heart. However these statements and the other submitted unofficial documents are not sufficient by themselves as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded and was not entitled to award of the Purple Heart. The applicant on three occasions by his signature attested to the accuracy of documents indicating that he was not wounded and that he had not received the Purple Heart as an award. In fact, just prior to separation the applicant endorsed the accuracy of his medical records that he had not been injured. In light of the evidence available, the Board concludes there is insufficient evidence to approve the award of the Purple Heart.

2. Nonetheless, in reviewing his case it was noted that he is entitled to the Bronze Service Medal, the Army Commendation Medal with 1^st Oak Leaf Cluster, the Vietnam Service Medal with two Bronze Service Stars, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal-First Class, and two Overseas Bars, and is entitled to a correction of his records to show these awards.

3. Similarly, the applicant’s service was meritorious, as evidenced by his promotion to pay grade E-4, and award of the Army Commendation Medal. Likewise, the record is devoid of any evidence of disciplinary action taken or contemplated against him. As such, it would appear that the absence of the Good Conduct Medal for the period of his service from 16 August 1966 through 15 August 1968 and is entitled to a correction of his records to show these awards.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Service Medal, the Army Commendation Medal with 1^st Oak Leaf Cluster, the Good Conduct Medal for the period 16 August 1966 through 15 August 1968, the Vietnam Service Medal with two Bronze Service Stars, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal-First Class Unit Citation, and two Overseas Bars.

BOARD VOTE:

___sac__ ____mhm ____rks__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Samuel A. Crumper_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002071357
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020801
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.