PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 12 SEPTEMBER 2002
         DOCKET NUMBER: AR2002074888


         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Donald P. Hupman, Jr.		Member
Mr. William D. Powers		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. In support of his request he submits a self-authored statement, copies of his service medical records, a battalion duty log for 8 October 1968, and a statement from his former unit commander. In addition to supporting an award of the Purple Heart, his former unit commander also notes that several other awards (unit and campaign stars) were omitted from the applicant's records. Both the applicant and his former unit commander state the applicant sustained shrapnel wounds to his back during an enemy attack on 8 October 1968. They both noted, however, that the applicant's wounds were not serious enough for him to be evacuated with the other soldiers who were wounded and that his skills as the radio operator were needed with the unit. As such, the applicant remained with his unit. The applicant notes that during his separation physical examination the evaluating physician indicated that his "wounds" had healed. Two years after his separation, however, the applicant found a piece of shrapnel and a small spot of blood on his bed sheet and in 1998 the VA "discovered a piece of shrapnel still in [his] back." He notes that he is now 100 percent disabled as a result of PTSD (posttraumatic stress disorder) and would like to receive the Purple Heart he "should have gotten 33 years ago."

3. Records available to the Board indicate the applicant was inducted and entered active duty on 10 August 1967. While undergoing training the applicant was awarded a Marksman Badge with "Rifle" and "Automatic rifle" bars and a Sharpshooter Badge with "Machine gun" bar. All three Marksmanship Qualification Badges were confirmed in orders issued at Fort Polk, Louisiana and all three were omitted from his separation document.

4. In March 1968 the applicant was assigned to Vietnam as an infantryman with Company C, 3^rd Battalion, 187^th Infantry. Shortly after his arrival, the applicant was promoted to pay grade E-3 and in June 1968 he was promoted to pay grade E-4.

5. The applicant's former unit commander indicated in his March 2002 statement that "at about 1325 hours, we began to receive enemy mortar fire which resulted in 9 casualties…[the applicant] was one of these receiving shrapnel wounds in his back." The former unit commander stated that "because the nature of his wound being considered light and treatable on the spot…I allowed him to stay with the unit." The applicant, in his self-authored statement, indicated that "we were headed back…and had taken a break…a friend and I were resting on a tombstone in a small cemetery and the next thing I knew we were blown about 15 feet away face down." According to the battalion duty log, the applicant's battalion received incoming mortar fire at 1325 hours and "Requested Medivac at ------ 3 urgent 5 priority 9…."

6. The applicant remained in Vietnam until February 1969 when he returned to the United States and completed his service contract at Fort Bragg, North Carolina. Prior to departing Vietnam the applicant was promoted to pay grade
E-5 and had been awarded, among other things, a Bronze Star Medal for meritorious service, a Combat Infantryman Badge, an Air Medal, and an Army Commendation Medal for meritorious achievement. The awards were all confirmed in orders issued by the 101^st Airborne Division. Although the applicant's Bronze Star Medal, Combat Infantryman Badge and Air Medal were all reflected on his separation document, the Army Commendation Medal was not.

7. During the applicant's separation physical examination, completed on 18 June 1969, the examining physician noted "Shrapnel wound 1969-small-well healed."

8. On 8 August 1969 the applicant was released from active duty with an honorable characterization of service. Subsequent to his separation, in 1969, the VA noted a "small metallic fragment in the left inferior/posterior chest wall area…."

9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record. The applicant's name is not on the Vietnam Casualty Roster.

10. Army Regulation 600-8-10 also 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. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal and no evidence of any misconduct or disciplinary problems. The applicant consistently received excellent conduct and efficiency ratings while on active duty.

11. As a result of the applicant's service in Vietnam with the 187^th Infantry, he is entitled to a Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross Unit Citation with Palm, and a Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation. All of these decorations were omitted from the applicant's separation document. The applicant is also entitled to four bronze service stars on the Vietnam Service Medal already reflected on his separation document. The bronze service stars denote participation in four designated campaigns (TET Counteroffensive, Vietnam Counteroffensive, Phases IV, V and VI) which were omitted from his Vietnam Service Medal.

CONCLUSIONS:

1. The Board concludes there is sufficient evidence that the applicant sustained shrapnel wounds to his back on 8 October 1968 while in Vietnam and as such should be awarded the Purple Heart.

2. The Board also notes that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 8 August 1969. There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award. In view the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 10 August 1967 through 8 August 1969.

3. The Board also notes that the applicant's award of the Army Commendation Medal was omitted from his separation document.

4. The evidence also confirms that the applicant is entitled to a Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and four bronze service stars on his Vietnam Service Medal.

5. 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:

         a. by awarding the individual concerned the Purple Heart for wounds sustained on 8 October 1968;

b. by awarding him the Army Good Conduct Medal for the period
10 August 1967 through 8 August 1969;

c. by showing that he was awarded an Army Commendation Medal; and

d. by showing that he is entitled to a Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross Unit Citation with Palm, a Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and four bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

__JNS __ __DPH __ __WDP _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____ John N. Slone__ __
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074888
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020912
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.