PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 September 2002
         DOCKET NUMBER: AR2002076090


         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. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Raymond J. Wagner		Member
Ms. Karen Y. Fletcher		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, in effect, that his military records be corrected to show award of the Purple Heart (PH).

3. The applicant states, in effect, that he was awarded the PH for injuries he received in battle on 13 October 1967, while he was hospitalized and being treated at the Vung Tau field hospital in the Republic of Vietnam (RVN). He further states that a correction of his military records to show award of the PH will insure his eligibility to veterans entitlements. In support of his application, he submits a copy of his separation document (DD Form 214), a Standard Form 501 (Clinical Record-Narrative Summary), a Standard Form 88 (Report of Medical Examination), and an extract of a local newspaper article.

4. The applicant’s military records show that on 13 January 1966, he was inducted into the Army for period of 2 years. He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank he attained while serving on active duty was specialist/E-4. It also confirms that he was assigned to C Company, 3^rd Battalion, 60^th Infantry,
9^th Infantry Division, RVN, from 1 December 1966 to 23 November 1967.

6. Block 40 (Wounds) of the applicant’s DA Form 20 confirms that he received fragment wounds to both legs in October 1967. Block 41 (Awards and Decorations) shows that during his tenure on active duty he earned the following awards: Bronze Star Medal with “V” Device; National Defense Service Medal; Vietnam Service Medal; Combat Infantryman Badge (CIB); and RVN Campaign Medal with 60 Device.

7. The Department of the Army (DA) Vietnam War Casualty Roster contains the applicant’s name and confirms that he was wounded in action in October 1967, while serving in the RVN.

8. On 24 November 1967, the applicant was honorably released from active duty in the rank of specialist/E-4 after completing 1 year, 10 months, and 12 days of active military service. The DD Form 214 issued to him upon his separation does not show the PH as an authorized award.

9. The applicant’s Official Military Personnel File (OMPF) contains no derogatory information and no indication that he was disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served.

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10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.

11. Paragraph 2-8b defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy. It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

12. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN.

13. Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years; however, in the case of the first award, the qualifying period is 1 or more years when it is awarded at the termination of a period of Federal military service. There is no automatic entitlement to the AGCM; however, disqualification must be justified.

14. Table B-1 of the awards regulation lists all campaigns, service requirements, and inscriptions for streamers. This document confirms the applicant participated in the following two campaigns during his tenure in the RVN: Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase II.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This document confirms that the applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment tenure.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he should be awarded the PH and it finds this claim has merit.

2. By regulation, in order to award the PH an individual must have sustained a wound or injury in action, the wound or injury must have been treated by military medical personnel. The applicant’s DA Form 20 and the DA Vietnam Casualty Roster both confirm that the applicant was wounded in action against enemy forces in October 1967, while serving in the RVN. Therefore, the Board concludes the regulatory burden of proof necessary to support award of the PH has been satisfied in this case, and that the applicant should be awarded the PH at this time.

3. Lacking any derogatory information on file and/or a specific disqualifying action from any of his active duty unit commanders, which would preclude him from receiving the AGCM, the Board concludes that the applicant served a qualifying period of service that entitles him to receive the first award of the AGCM. Therefore, the Board concludes that it would be appropriate to add this award to his record at this time.

4. Further, the applicant’s record confirms that during his assignment tenure in the RVN, he participated in 2 campaigns, which entitles him to 2 bronze service stars with his Vietnam Service Medal. In addition, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on his unit service in the RVN. Thus, the Board concludes that it would also be appropriate to add these awards to his record at this time.

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

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RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by awarding him the Purple Heart, for being wounded in action in October 1967, while serving as a specialist four in the RVN; by awarding him the first award of the Army Good Conduct Medal for the period 13 January 1966 to 24 November 1967; by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his records; by showing he is entitled to 2 bronze service stars with his Vietnam Service Medal; and by providing him a corrected separation document that reflects these awards.

BOARD VOTE:


__RVO_ __RJW___ ___KYF__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  ___Raymond V. O’Connor, Jr. _
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076090
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/09/26
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
1.	107.0015
2.
3.
4.
5.
6.