PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 November 2002
         DOCKET NUMBER: AR2002077859


         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Arthur A Omartian		Chairperson
Mr. John P. Infante		Member
Ms. Regan K. Smith		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 he be awarded the Purple Heart (PH).

3. The applicant states, in effect, that he received a shrapnel wound to his right lower leg from a North Vietnamese Army or Viet Cong rocket while he was serving in the Republic of Vietnam (RVN). He claims that he was treated for this wound at the Dong Tam Army Hospital, RVN, where he was a patient for two days. He also indicates that General Orders (GO) Number (#) 1341, which awarded him the Army Commendation Medal will support his request.

4. The applicant’s Enlisted Qualification Record (DA Form 20) shows that he was inducted into the Army for two years on 11 April 1968. He successfully completed basic training at Fort Jackson, Carolina and advanced individual training (AIT) at Fort Lee, Virginia. Upon completion of AIT, he was awarded military occupational specialty (MOS) 76Y (Supply Specialist) and he was assigned to the RVN for his first permanent duty station.

5. The DA Form 20 also shows that on 5 September 1968, the applicant arrived in the RVN. On 14 September 1968, he was further assigned to Battery B,
3^rd Battalion, 34^th Artillery, to perform duties as a supply specialist. On
4 September 1969, he departed the RVN on assignment to Fort Meade, Maryland.

6. Item 40 (Wounds) of the applicant’s DA Form 20 is blank and contains no entry, which would indicate that he was never wounded in action during his tenure on active duty. Item 41 (Awards and Decorations) contains a list of awards that he earned while serving on active duty. This list includes the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Vietnam Campaign Medal (VCM) with 60 Device, Army Commendation Medal (ARCOM) 1^st Award, and the ARCOM with Valor (“V”) Device. The PH is not included in the list of awards entered in this record.

7. The record also shows that upon his return from the RVN, the applicant served at Fort Meade until 13 April 1970, at which time he was honorably separated, by reason of expiration of term of service (ETS).

8. The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of a Report of Medical Examination (SF 88), which documents the medical examination taken by the applicant during his separation processing. This document gives no indication that he ever suffered a shrapnel wound to the leg while serving in the RVN, or any other indication that he was ever wounded or injured in action during his tenure on active duty.

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9. The applicant’s MPRJ also contains copies of two GO that awarded the applicant the ARCOM. The first, GO # 1341, dated 7 February 1968, issued by Headquarters, 9^th Infantry Division, RVN, awarded him the ARCOM for meritorious achievement, for the period 4 November 1968 through 26 January 1969. The second, GO # 4679, dated 18 April 1969, issued by Headquarters,
9^th Infantry Division, RVN, awarded him the ARCOM with “V” Device for his heroism in connection with military operations against a hostile force in the RVN on 7 March 1969. Neither of these orders give any indication that the applicant was wounded in action.

10. The separation document (DD Form 214) issued to and authenticated by the applicant with his signature on the date of his separation, 13 April 1970, lists the following awards he earned during his tenure on active duty in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): NDSM; VCM with 60 Device; VSM;
ARCOM with “V” Device; and Sharpshooter Marksmanship Qualification Badge (M-14 Rifle). The PH is also not included in this list of authorized awards.

11. In connection with the processing of this case, the Department of the Army (DA) Vietnam Casualty List was reviewed to determine if the applicant’s name was included. This search produced a negative result, his name was not among those listed as casualties by DA.

12. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria 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 who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. 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.

13. Paragraph 2-13 contain guidance on award of the VSM and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

14. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that the applicant’s unit earned the Republic of Vietnam Gallantry Cross w/Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal Unit Citation during his assignment tenure.
15. Army Pamphlet 672-3 also verifies that the applicant is entitled to be credited with participation in the following four campaigns while serving in the RVN: Vietnam Counteroffensive, Phase V; Vietnam Counteroffensive, Phase VI; TET 69 Counteroffensive, 1969; and Vietnam Summer-Fall 1969.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to the PH. However, it finds insufficient evidence to support this claim. By regulation, in order to award the PH it is necessary to establish that a soldier was wounded in action, that the wound required treatment by a medical officer, and that the record of medical treatment must have been made a matter of official record.

2. The evidence of record provides no confirmation that the applicant was ever wounded in action or that he was ever treated for being wounded or injured in action while he was serving in the RVN. Further, the applicant has failed to provide independent evidence to support his claim of entitlement to the PH. Therefore, based solely on the lack of evidence, the Board is compelled to deny the applicant’s request for the PH.

3. However, during its review of this case, the Board did discover that the applicant’s separation document does not properly record the awards he did receive. The record confirms that the applicant was awarded two ARCOMs, the first for meritorious achievement and the second with “V” Device for heroism. The applicant’s DD Form 214 shows only one award of the ARCOM. Therefore, the Board concludes it would be appropriate to correct this error at this time.

4. In addition, the record confirms that the applicant is entitled to 4 bronze service stars for his VSM based on his campaign participation while serving in the RVN. Further, the record shows that the applicant’s unit earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment, and as a result he is also entitled to these awards. Therefore, the Board concludes that it would also be appropriate to correct his record to show his entitlement to these awards at this time.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned earned the following awards during his active duty tenure: Army Commendation Medal; Army Commendation Medal First Oak Leaf Cluster with “V” Device; National Defense Service Medal; Vietnam Campaign Medal with 60 Device; Vietnam Service Medal with
4 bronze service stars: Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and Sharpshooter Marksmanship Qualification Badge (M-14 Rifle); and by providing him a corrected separation document that lists these awards.

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

BOARD VOTE:

__AAO__ __JPI___ __REK __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Arthur A. Omartian___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077859
SUFFIX
RECON
DATE BOARDED	2001/11/14
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1970/04/13
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	ETS
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.