PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 November 2002
         DOCKET NUMBER: AR2002073755


         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. Raymond V. O'Connor, Jr.		Chairperson
Mr. Thomas B. Redfern		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 that his military records be corrected to show he was awarded the Purple Heart.

3. The applicant states that he is entitled to the Purple Heart.

4. In support of his request, he submits a DA Form 1380, U.S. Field Medical Card. The DA Form 1380 indicates that in Vietnam, he was struck in the chest with an M-79 round, which did not explode. He was diagnosed with a possible fracture, bandaged and evacuated.

5. The applicant’s military records show that he was inducted on 13 October 1966. He was trained in military occupational specialty 11D, Armor Intelligence, and achieved the rank of specialist. He served in the Republic of Vietnam from 4 October 1967 through 30 October 1968, while assigned to D Troop, 17^th Cavalry, 199^th Infantry Brigade. On 29 September 1968, he was transferred to the US Army Reserve; his character of service was honorable. He had completed a total of 1 year, 11 months and 17 days of creditable active service and had no lost time.

6. The medical document (DA Form 1380) provided by the applicant does not indicate the circumstances surrounding his injury.

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 Combat Infantryman Badge and the Expert Badge. The Purple Heart is not listed as an authorized award.

8. The applicant’s DA Form 20 (Enlisted Qualification Record), signed by him, 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 Valorous Unit Award and the Marksman Marksmanship Qualification Badge with rifle Bar.

9. His name is not listed on the Vietnam Casualty List.

10. 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.




11. 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.

12. The same regulation provides that a Bronze Service Star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. In the applicant's case he is entitled to four Bronze Service Stars for participating in the Vietnam Counteroffensive Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive Phase IV and the Vietnam Counteroffensive Phase V Campaigns.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, that the unit the applicant was assigned to, D Troop, 17^th Cavalry, 199^th Infantry Brigade, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 January – 19 February 1968 by Department of the Army General Order Number 43, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, for the period 12 December 1966 through 31 August 1970, by Department of the Army General Order Number 51, dated 1971.

14. Army Regulation 600-200, Enlisted Personnel Management System, the regulation then in effect, provides that item 40 (Wounds) of the Enlisted Qualification Record, will contain a brief description of wounds or injuries requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.

CONCLUSIONS:

1. Other than the Field Medical Card, the applicant's records contain no information to corroborate the information on the Field Medical Card. In addition, the applicant provided no explanation or details of the circumstances leading to the injury nor did he submit firsthand eyewitness statements. The Field Medical Card does not indicate that his injury was a result of enemy action. The applicant's medical records, that were available to the Board, contained no entry concerning his injury, his DA Form 20 reflects no qualifying injury, and he is not listed on the Vietnam Battle Casualty List. In light of the evidence available, the Board concludes that his injury was the result of an accident. Thus, there is insufficient evidence at this time to approve the award of the Purple Heart.



2. Nonetheless, in reviewing his case it was noted that he is entitled to the Valorous Unit Award, four Bronze Service Stars to be worn on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar. He 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 specialist. Likewise, the record is devoid of any evidence of disciplinary action taken against him. As such, it would appear that the absence of the Good Conduct Medal for the period of his service from 13 October 1966 through 29 September 1968 was in error and he is entitled to the award and to a correction of his records to show this award.

4. 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:

a. showing that the individual concerned was awarded the Good Conduct Medal for the period 13 October 1966 through 29 September 1968: and

b. showing he was awarded the Valorous Unit Award, four Bronze Service Stars to be worn on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar.















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

BOARD VOTE:

___dph__ ____tbr__ ___rvo __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O'Connor, Jr._
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073755
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021107
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.