PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 August 2002
         DOCKET NUMBER: AR2002071593


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		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 award of the Purple Heart.

3. The applicant states, in effect, that he was wounded in combat on 9 February 1968 in Vietnam. He contends that he was injured by approximately 20 grenade fragments on the right side of his body and that he received medical treatment from the platoon medic. He also states that due to his combat status, he feels the records were not annotated or they were destroyed by mortar fire after he was sent back to the states. In support of his application, he submits an attachment to his application which outlines 22 enclosures; and a letter, dated
1 April 2002, from the State Director of the Veterans of Foreign Wars in Detroit, Michigan.

4. The applicant’s military records show that he was inducted on 26 September 1966. He served as a light weapons infantryman in Vietnam from 27 March 1967 through 4 March 1968 and was honorably released on 25 September 1968.

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

6. There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

7. His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant’s name does not appear on the Vietnam Casualty Roster.

8. Evidence of record shows that on 14 August 1968 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

9. In support of his claim for award of the Purple Heart, the applicant provided Department of Veterans Affairs documentation which shows that service connection was granted for multiple shrapnel wounds.

10. The applicant provided two medical reports of x-rays, dated 23 February 1993 and 22 October 1997, wherein a metallic foreign body was seen in the applicant’s right side of the abdomen and in the left femoral head.

11. The applicant provided an eyewitness statement, dated 28 December 2001, from a platoon radio telephone operator at the time in question. This soldier attests that during an attack by rifle, small mortar and grenades, the applicant was wounded by grenade shrapnel on 9 February 1968 in Vietnam. He goes on to state that most of the applicant’s wounds were on the right side of his body and that he received medical treatment from the medic.

12. The applicant also provided an eyewitness statement, dated 7 January 2002, from a platoon sergeant at the time in question. He states that “When Comrade [applicant’s last name] was wounded in battle, I recall that one of our Medics had administered treatment out in the field of Comrade [applicant’s last name] shrapnel wounds.” The applicant also provided an eyewitness statement, dated 28 February 2002, from a sergeant/squad leader at the time in question. This soldier attests that sometime in February the applicant was wounded.

13. 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 the unit, to which the applicant was assigned, the 1st Battalion of the 8th Infantry, was cited for award of the Presidential Unit Citation for actions during the period 18 to 26 May 1967 by Department of the Army General Orders Number 69, dated 1969. While the applicant was still assigned to the 1st Battalion of the 8th Infantry, the unit was cited for a second award of the Presidential Unit Citation by Department of the Army General Orders Number 38, dated 1971, for actions during the period 29 October 1967 to 30 November 1967. These awards are not shown on his discharge document.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 3, dated 1970. This award is not shown on his discharge document.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970. This award is not shown on his discharge document.

16. 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.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he was wounded in combat on 9 February 1968 in Vietnam. The Board also considered the Department of Veterans Affairs documentation and the x-ray reports provided in support of the applicant’s claim. However, there is no evidence of record available to the Board which shows that the applicant was wounded or treated for wounds due to hostile action in Vietnam.
2. The Board also considered the statements from former fellow soldiers in support of the applicant's claim for award of the Purple Heart. However, these statements made over 30 years after the fact 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. Therefore, the Board determined that there was insufficient evidence on which to base award of the Purple Heart in this case.

3. The applicant’s unit was cited for two awards of the Presidential Unit Citation, award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

4. 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 two awards of the Presidential Unit Citation, an award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and an award of 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:

SAC___ MHM_____ RKS____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Samuel A. Crumpler_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002071593
SUFFIX
RECON
DATE BOARDED	20020801
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.