PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 April 2003
         DOCKET NUMBER: AR2002078217


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Thomas B. Redfern		Member
Mr. Thomas E. O'Shaughnessy, Jr.		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.

---

2. The applicant requests award of the Purple Heart.

3. The applicant states that for reasons unknown the Purple Heart was not added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He contends that he was injured in combat by a Viet Cong soldier and that he was evacuated from the 3d Field Hospital to the 93d Evacuation Hospital where he was treated. The applicant also states that the Department of Veterans Affairs (DVA) awarded him 30 percent disability for his combat injury.

4. The applicant also states that he did not try to correct his records before this time because he tried to avoid anything that reminded him of Vietnam. He states that he is currently rated 20 percent for an injury to his right eye and 10 percent for an injury to his ears (combined rating of 30 percent) resulting from the explosion of an enemy hand grenade. The applicant contends that his condition was further aggravated by rocket and mortar attacks and his use of the M-60 Machinegun.

5. On a DVA Statement in Support of Claim form, the applicant describes details of the combat action in which he was involved. The applicant also provided a statement from a fellow soldier, dated 8 July 2002, in support of his claim.

6. The applicant’s military records show that he was inducted on 26 June 1967 and completed training as a Military Policeman. He served in Vietnam from 2 August 1968 to 12 June 1969 and was honorably separated from active duty on 15 June 1969.

7. The applicant's DD Form 214 is authenticated in his own hand. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Purple Heart as an authorized award.

8. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). The applicant’s name is not listed on the Vietnam Casualty Roster.

9. The applicant provided a statement from a fellow soldier in support of claim to award of the Purple Heart. This fellow soldier essentially stated that he wished to verify the applicant suffered both arm and eye injuries from an enemy hand grenade. The fellow soldier stated that he and the soldier served together until the latter part of 1968 when he was reassigned to the 284th Military Police Company and the applicant remained with Company C of the 716th Military Police Battalion. The fellow soldier stated that he heard the 716th Military Police had been attacked and that he subsequently ran across the applicant in the 93d Evacuation Hospital whereupon the applicant told him that he had been wounded by a Viet Cong hand grenade in the eye and arm.

10. The Board also noted that the applicant was eligible for award of the Good Conduct Medal, bronze service stars recognizing campaign participation, award of the Meritorious Unit Commendation, and award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

11. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show the applicant’s conduct and efficiency was rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

12. Based on the applicant's service in Vietnam, Appendix B of Army Regulation 600-8-22 (Military Awards) shows that he participated in four campaigns: Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; Tet 69 Counteroffensive; and Vietnam Summer-Fall 1969.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound 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, and the medical treatment must have been made a matter of official record.

14. Army Regulation 600-8-22 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.

15. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 1 January 1968 to 31 October 1968 by Department of the Army General Orders Number 39, dated 1970. The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 1 November 1968 to 31 October 1969 by Department of the Army General Orders Number 51, dated 1971.

17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned during his service in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period September 1966 to March 1973 based on Department of the Army General Orders Number 6, dated 1974.

18. Army Regulation 600-8-22 provides that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations and unit awards, among which is the Meritorious Unit Commendation.

CONCLUSIONS:

1. There are no orders awarding the applicant the Purple Heart. There is no medical evidence that the applicant was wounded or treated for wounds as a result of hostile action. The applicant’s name is not on the Vietnam Casualty Roster.

2. The Board reviewed the statement by the fellow soldier. However, this statement made over 30 years after the fact is not by itself sufficient as a basis for award of the Purple Heart, particularly in view of the records which show that the applicant was not wounded

3. The applicant is entitled to the first award of the Good Conduct Medal for the period 26 June 1967 through 15 June 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

4. The applicant served in four campaigns in Vietnam; therefore, he is entitled to correction of his records to show four bronze service stars to be worn on his Vietnam Service Medal.

5. Orders show the applicant was assigned to the 716th Military Police Battalion when it was cited for two awards f the Meritorious Unit Commendation. Therefore, he is entitled to correction of his records to show award of the Meritorious Unit Commendation (First Oak Leaf Cluster).

6. Orders show the applicant was entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Good Conduct Medal, four bronze service stars to be worn on his Vietnam Service Medal, award of the Meritorious Unit Commendation (First Oak Leaf Cluster), and award of the Republic of Vietnam 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:

__TEO__ ___TBR__ __AAO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Mr. Arthur A. Omartian___
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002078217
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030401
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.