PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 12 December 2002
         DOCKET NUMBER: AR2002073882


         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. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Roger W. Able		Chairperson
Ms. Karen Y. Fletcher		Member
Mr. Bernard P. Ingold		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 he be awarded the Purple Heart.

3. The applicant states, in a letter to his Congressman, that on 2 February 1966 his unit, Company B, 2d Battalion, 502d Infantry, came under fire from several snipers in a village. He saw an enemy hand grenade flying at them. He and his squad ran. When it exploded, it threw out shrapnel in every direction and wounded six of them. He was hit in the left wrist. It was bleeding profusely but, as he had not lost any mobility in his hand, their medic agreed it was probably a superficial wound and applied a field dressing and some antibiotics. When the firing stopped, a helicopter evacuated the one dead and the wounded. Their medic suggested he also evacuate but he felt it his duty to stay with the squad. The five members of his squad who were evacuated received Purple Hearts. In 1992 he met their medic by chance. Their medic remembers the events of 2 February 1966 very well.

4. The applicant provides a statement from the medic, Armando S. N___. The medic states that on 2 February 1966, Company B was approaching a village on their second village assault that day, even though it was still morning. Sergeant B___ was hit in the head by sniper fire and killed. Then he heard the applicant yell "grenade." After the grenade exploded, he heard cries for "medic" and ran towards the explosion. He bandaged six soldiers in all, the applicant being one of them. The applicant had a bad cut on his left wrist but he refused to be evacuated.

5. The applicant provides a statement from his doctor. His doctor states that X-rays of the applicant's left wrist reveal the presence of a small metallic object in the soft tissues of the wrist suggestive of a piece of metallic shrapnel.

6. The applicant’s military records show that he enlisted in the Regular Army on 30 October 1964. On 22 November 1964, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for failing to go to reveille formation. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

7. On 8 July 1965, the applicant arrived in Vietnam with his unit, Company B, 2d Battalion (Airborne), 502d Infantry. He departed on 11 June 1966 after receiving participation credit for two campaigns. His Enlisted Qualification Record, DA Form 20, item 40 (Wounds), does not show that he was wounded.

8. The applicant is not listed on the Republic of Vietnam Casualty Roster.

9. The historical files of Company B, 2d Battalion (Airborne), 502d Infantry, 101st Airborne Division were reviewed at the National Archives in College Park, MD. The review failed to identify the applicant as being entitled to award of the Purple Heart. The 2d Battalion's Daily Staff Journal or Duty Officer's Log, DA Form 1594, for 2 February 1966 contains three entries concerning casualties. The entry for 2:25 p.m. shows there were 3 casualties but the landing zone was not secure enough to bring an evacuation helicopter in. The entry for 3:45 p.m. shows that Company B had 1 casualty and an evacuation helicopter was requested. The entry for 4:30 p.m. shows that reconnaissance had 1 casualty and Company B had 2 casualties and an evacuation helicopter was requested.

10. The applicant was awarded the Bronze Star Medal with "V" device for action on 6 February 1966 but no mention of his being wounded or this incident was made in the citation.

11. The applicant's service medical records do not show that he was treated for a shrapnel wound injury on 2 February 1966. (The earliest entry on his Chronological Record of Medical Care, SF 600, is dated 13 September 1966.)

12. The applicant completed a separation physical on 27 July 1967. His Report of Medical History, SF 89, shows that he had a fractured tibia in 1960, a fractured lumbar vertebra in 1962, and a rash while in Vietnam but does not mention a wrist injury.

13. The applicant was released from active duty on 4 August 1967 after completing 2 years, 9 months, and 6 days of creditable active service with no lost time.

14. The applicant's Armed Forces of the United States Report of Transfer or Discharge, DD Form 214, shows he was awarded the Parachute Badge, the Vietnam Service Medal, the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal with device 1960, and the Bronze Star Medal with "V" device.

15. The applicant's DA Form 20 shows that his conduct and efficiency were rated as excellent throughout his service except for one efficiency rating of good (academic) (while attending Special Forces training).

16. Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations. It states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

17. Army Regulation 600-8-22 states that one bronze service star is worn on the appropriate service medal for each credited campaign.

18. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least “good” rendered subsequent to 22 November 1955 was not disqualifying.

19. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the 2d Battalion, 502d Infantry was awarded the Presidential Unit Citation for the period 18 and 19 September 1965 on Department of the Army General Orders (DAGO) 20 dated 1967, the Valorous Unit Award for the period 17 January through 25 March 1966 on DAGO 1 dated 1969, and the Meritorious Unit Commendation for the period 29 July 1965 through 1 October 1966 on DAGO 1 dated 1969.

20. Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1. The Board has noted the applicant's contention that he was wounded on 2 February 1966 and his description of the circumstances surrounding his being wounded. The Board has noted his supporting statement from Armando S. N___, his unit medic, concerning the incident leading to the applicant being wounded.

2. However, those details are not corroborated by the evidence of record. The wound was not noted on the applicant's DA Form 20 nor was it noted during his separation physical. The incident as described was not noted in the battalion's Daily Staff Duty Journal for 2 February 1966. There is insufficient evidence to award the applicant the Purple Heart.

3. Although the applicant had one Article 15, it was early in his career and for a minor incident. He had one efficiency rating of good; however, it was an academic rating and so does not disqualify him from award of the Army Good Conduct Medal. The Board therefore concludes that the evidence of record shows he met the eligibility criteria for award of the Army Good Conduct Medal.

4. The evidence of record shows the applicant is authorized to wear two bronze service stars on the Vietnam Service Medal and his DD Form 214 should be amended to show this.

5. The applicant was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation, the Valorous Unit Award, and the Meritorious Unit Commendation. He is authorized to wear these unit awards and they should be added to his DD Form 214. In addition, all units assigned to Vietnam were later awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. He is authorized this unit award, also, and it should be added to his DD Form 214.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Army Good Conduct Medal for the period 30 October 1964 through 4 August 1967.

2. That the applicant's DD Form 214 be amended to show he is authorized to wear two bronze service stars with the Vietnam Service Medal and to add the Army Good Conduct Medal, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:

__RWA__ __KYF___ __BPI__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Roger W. Able__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073882
SUFFIX
RECON
DATE BOARDED	2002/12/12
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.