PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 July 2003
         DOCKET NUMBER: AR2002080474


         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
Mrs. Carolyn G. Wade		Analyst

The following members, a quorum, were present:

Ms. Gail J. Wire		Chairperson
Ms. Karen A. Heinz		Member
Mr. Robert L. Duecaster		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 a purple heart (PH) for wounds received on 6 and 10 May 1966 while serving in Vietnam.

3. The applicant states, in effect, that there were times in combat when a medic treated soldiers who were wounded when the wounds were not life threatening and the soldiers were able to return to duty. He states that these incidents of medical injury were not documented and no paperwork was generated for the award of the PH. He believes this to be the scenario in his case. He further states that they were busy preparing for the next mission and that the awarding of the PH did not seem that important at the time.

4. In support of his application, he submits a 1-page attachment and two letters written in 2002 from former soldiers who served with him in Vietnam describing the events that led to the applicant's injuries.

5. The applicant’s military records show that he was inducted into the Army of the United States on 13 September 1965 for a period of 2 years. Following completion of all required military training, the applicant was awarded military occupational specialty (MOS) 11C, Infantryman Indirect Fire Crewman, and was assigned to Vietnam. He served in Vietnam from 7 April 1966 to 28 February 1967. He served with Headquarters and Headquarters Company (HHC), 2nd Battalion, 502 Infantry (Airborne), 1st Brigade, 101st Airborne Division from 14 April 1966 until 15 September 1966 when he was admitted to the hospital for treatment of malaria.

6. On 15 September 1966, the applicant’s DA Form 20 reflects that he was a patient at the Medical Holding Detachment, US Army Hospital - Okinawa, Ryukyu Islands, Japan.

7. On 15 February 1967, the applicant accepted nonjudicial punishment for being insubordinate toward a non-commissioned officer (NCO). His punishment consisted of forfeiture of $20.00 pay per month for 1 month and 14 days' restriction and extra duty.

8. On 13 September 1967, the applicant was released from active duty and transferred to the United States Army Reserve. He was credited with 2 years and 1 day of active Federal service. The applicant's DD Form 214 lists his awards and decorations as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Parachutist Badge, Sharpshooter Badge (Rifle M-14), and Expert Badge (Recoilless Rifle).

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9. On 14 November 1984, the applicant was issued DD Form 1577 (Authorization for Issuance of Awards), which reflects a list of authorized awards. He was authorized the following awards: the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Parachutist Badge, Sharpshooter Badge with Rifle Bar, Expert Badge with Auto Rifle Bar, and one Bronze Service Star. He was also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

10. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. In reviewing the applicant's records for information pertinent to his request, errors and omissions were noted concerning the awards and decorations listed on his DD Form 214.

         a. The applicant was not awarded the Good Conduct Medal (GCMDL). Army Regulation 600-8-22 (Military Awards) provides that the GCMDL 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 GCMDL, disqualification must be justified. Current practice requires that the commander provide written notice of unfavorable consideration and permits the individual to respond. The applicant is entitled to the GCMDL.

b. The applicant served in Vietnam from 7 April 1966 to 28 February 1967. Army Regulation 670-1, in effect at the time, governed the requirements for the Oversea Service Bar (OSB). In pertinent part, it provided that an OSB is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the OSB for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one OSB is authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the OSB. The applicant is entitled to one OSB.

         c. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the 2nd Battalion, 502nd Infantry was cited for award of the Presidential Unit Citation (PUC) for the period 2-20 June 1966 by DA General Orders (DAGO) 59, dated 1968.

         d. Army Regulation 600-8-22 (Military Awards), in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation (MUC) was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months in support of military operations. . Department of the Army Pamphlet 672-3 indicates that the 2nd Battalion, 502nd Infantry was cited for award of the MUC for the period 29 July 1965 - 1 October 1966 by DAGO 1, dated 1968.

11. Army Regulation 600-200 (Enlisted Personnel Management System) provides, in pertinent part, that Item 40 (Wounds) of the DA Form 20 will contain a brief description of wounds or injuries (including injury from gas) received through hostile or enemy action and requiring medical treatment, to include those requiring hospitalization.

12. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

13. There are no orders in the applicant’s service personnel records which show that he was awarded the PH.

14. The applicant’s name is not listed on the Vietnam Casualty Roster as having been wounded in action.

CONCLUSIONS:

1. The applicant's entitlement to award of the PH cannot be verified. The Board noted that the applicant's DA Form 20 indicates that he was a patient in a hospital on 15 September 1966; however, the evidence of record reflects that he was hospitalized for treatment of malaria, not wounds suffered while engaging the enemy in combat. Additionally, there is no entry in Item 40 of his DA Form 20 stating he was wounded in combat. The applicant's name is not listed on the United States Army Vietnam Casualty List. Also, staff of the Board searched the holdings of the National Archives and Records Administration, College Park, Maryland, for historical records of the applicant's unit. No record could be found to show the applicant's entitlement to the PH.

2. The Board has reviewed the applicant's statement (attachment) and the two letters provided by former comrades-in-arms. These submissions authored more than 35 years after the applicant's Vietnam service, though helpful, are not sufficient to award the applicant the PH.

3. The Board agrees that the applicant should have been awarded: a Good Conduct Medal for the period 13 September 1965 through 13 September 1967; one Overseas Service Bar; the Presidential Unit Citation; and the Meritorious Unit Commendation.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) correcting Item 24 to show award of the Good Conduct Medal for the period 13 September 1965 through 13 September 1967, one Overseas Service Bar, the Presidential Unit Citation, and the Meritorious Unit Commendation.

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

BOARD VOTE:

__gjw___ __kah___ __rld___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Gail J. Wire
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080474
SUFFIX
RECON
DATE BOARDED	20030731
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.