PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 6 February 2003
         DOCKET NUMBER: AR2002077787


         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. W. W. Osborn, Jr.		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. James E. Anderholm		Member
Ms. Eloise C. Prendergast		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 her husband, the deceased former service member's (FSM) records be corrected to show that he was awarded the Purple Heart.

3. She states, in effect, that he was retired for physical disability and ultimately died of his service connected disabilities, but he was never awarded the Purple Heart.

4. The FSM's military records show that he enlisted and entered active duty on 7 February 1966, completed training as a engineering equipment mechanic and was transferred with his unit, Headquarters Company 27^th Engineer Battalion (Combat) to Vietnam on 7 September 1966. He was awarded the Army Commendation Medal for the period from 12 March to 30 March 1967 and a second award for the period September 1966 to August 1967.

5. On 19 August 1967 the FSM was seriously injured when a grenade, that another soldier mistakenly assumed to have been disabled, exploded in the applicant's hand. The line of duty investigation established that the incident in the unit's billet was an accident. The applicant was medically evacuated to Japan on 3 September 1967 and then on to the United States. He eventually subsequently retired due to physical disability on 31 May 1968 due to the loss of his right thumb, index finger and attached bones and middle finger.

6. The FSM's conduct and efficiency ratings were excellent throughout his period of service and a nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent from the hospital on 27 January 1968 was the only discreditable incident of record. His DD Form 214 (Report of Transfer or Discharge) lists his authorized awards as the Army Commendation Medal with 1^st Oak Leaf Cluster, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam (RVN) Campaign Medal and the Sharpshooter Qualification Badge with Rifle Bar.

7. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

8. Army Regulation 600-8-22 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. A record of punishment is not automatically disqualifying. At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a “Good” academic mark in a service school was not disqualifying. 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 non-favorable consideration and permits the individual to respond. At that time, non-favorable consideration was normally noted on the DA Form 20.

9. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include: Counteroffensive Phase II, ending 31 May 1967; Counteroffensive Phase III, ending on 29 January 1968.

10. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register shows that the applicant's unit was awarded the Meritorious Unit Commendation for the period October 1966 to April 1967 by DA General Order Number 38 of 1970, and the RVN Civil Actions Honor Medal First Class Unit Citation, for the period 9 August 1967 to 18 April 1968 by DA General Orders Number 5 of 1973. DA General Orders Number 8 of 1974 awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and all subordinate units for the period 20 July 1965 to 28 March 1973.

11. A search of the historical files of the 65^th Engineer Battalion, 25^th Infantry Division, at the National Archives, College Park, Maryland, failed to disclose any information to support the applicant's request.

CONCLUSIONS:

1. The FSM's records clearly reflect that the disabling injury was an accident. Unfortunately, there is no available evidence to show that he was wounded while in action against the enemy or as the result of enemy action at some other time. Therefore, there is no entitlement to the Purple Heart.

2. The FSM distinguished himself by his service, as evidenced by his excellent conduct and efficiency ratings and he should be awarded the Good Conduct Medal.

3. Considering that, at the time he was separated, the various Vietnam campaign periods had not all been defined and the unit awards had not yet been authorized; his awards were correctly listed on his DD Form 214. However, a DD Form 215 (Correction to DD Form 214) should be administratively issued to show that his authorized awards also include two bronze service stars for wear on the Vietnam Service Medal, the Meritorious Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation.

4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust with respect to the Purple Heart. The applicant has failed to submit evidence that would satisfy this requirement.

5. 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 showing that, in addition to the awards already shown on his DD Form 214, the individual concerned is authorized the Good Conduct Medal, two bronze service stars for wear on the Vietnam Service Medal, the Meritorious Unit Commendation, the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:

___FNE_ __JEA___ __ECP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ _Fred N. Eichorn______
                  CHAIRPERSON

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INDEX

CASE ID	AR
SUFFIX
RECON
DATE BOARDED	20030206
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PART
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.