PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 July 2002
         DOCKET NUMBER: AR20020740


         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. Fred N. Eichorn		Chairperson
Mr. Melvin H. Meyer		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, while serving in Vietnam in September 1971, he sustained a shrapnel wound. He states that a medic treated him in the field and told him to seek treatment upon return to Chu Lai. The applicant states that he went to an aid station and was treated. The applicant also stated that “[a]lthough the wound may have been as a result of friendly fire, since at the time our platoon was firing into the surrounding jungle, it happened during a combat situation.” In support of his application, he submitted a statement from a fellow soldier who served with him in Vietnam.

4. The applicant’s military records show that he was inducted on 17 August 1970 and completed training as an infantryman. He served in Vietnam from 8 January 1971 through 19 December 1971 and was honorably separated from active duty on 2 February 1972.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which is authenticated in his own hand, does not show award of the Purple Heart.

6. 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). The applicant’s name is not listed on the Vietnam Casualty Roster.

7. The applicant’s service personnel records contain a Report of Medical History and a Report of Medical Examination prepared on 28 January 1972 just prior to his separation from the Army. Neither of these documents make reference to wounds sustained in combat or show wounds or injuries consistent with those received as a result of hostile action.

8. The applicant submitted a statement by a fellow soldier who served with him in Vietnam. This statement essentially confirms the applicant’s contentions except that the fellow soldier states: “Once we knew the helicopters were inbound, we shot up the perimeter with small arms and grenade launchers, fire to soften the LZ [landing zone].”

9. The Board also noted that the applicant was entitled to award of the Good Conduct Medal which is not shown on his discharge documents.

10. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show the applicant’s conduct and efficiency was rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

11. The applicant’s DD Form 214 does not show any unit awards.

12. 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 1st Battalion, 6th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 6, dated 1974.

13. 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.

14. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

15. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.

2. The Board considered the statement from a fellow solider. However, in the absence of other corroborating evidence this statement is insufficient by itself for award of the Purple Heart, particularly in view of the fact that the applicant authenticated his discharge document which shows that he was not awarded the Purple Heart and that his separation physical examination does not make any reference to wounds sustained in Vietnam.

3. The Board noted the applicant’s contention that he may have been wounded by friendly fire. However, his contention is without merit because there is no evidence that the applicant was wounded as a result of “friendly fire” in the “heat of battle.” The statement by the fellow soldier indicated that the members of the unit were firing their weapons into the perimeter of the helicopter pick up zone to “soften” it up, but there is no indication of enemy action at the time.

4. Based on the foregoing, there is insufficient evidence upon which to base award of the Purple Heart to the applicant at this time.

5. The applicant is entitled to the first award of the Good Conduct Medal for the period 17 August 1970 through 2 February 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

6. 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 the Good Conduct Medal for the period 17 August 1970 through 2 February 1972 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

__FNE__ __MHM__ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Fred N. Eichorn__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072740
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020716
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.	107.0000.0000
2.
3.
4.
5.
6.