PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 July 2003
         DOCKET NUMBER: AR2002080655


         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. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Roger W. Able		Chairperson
Mr. Larry C. Bergquist		Member
Ms. Barbara J. Ellis		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 he be awarded a second Purple Heart.

3. The applicant states that he was only treated by a doctor for the shell fragment wound to his right sternoclavicular area. He was also wounded in April 1969 by a shell fragment to the right anterior chest wall. He was treated in the field by a medic. He was kept in the field and never saw a doctor. He provides no supporting evidence.

4. The applicant’s military records show that he was inducted into the Army on 8 November 1967. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5. The applicant was awarded the Sharpshooter Qualification Badge with Pistol bar on Headquarters, U. S. Army Training Center, Infantry and Fort Lewis (Provisional) Special Orders Number 53 dated 23 February 1968. He was awarded the Expert Qualification Badge with Machine Gun bar on Headquarters, U. S. Army Training Center, Infantry and Fort Lewis (Provisional) Special Orders Number 73, paragraph 193, dated 14 March 1968. He was awarded the Sharpshooter Qualification Badge with Rifle bar on Headquarters, U. S. Army Training Center, Infantry and Fort Lewis (Provisional) Special Orders Number 73, paragraph 196, dated 14 March 1968.

6. The applicant arrived in Vietnam on or about 19 June 1968 and was assigned to Company F, 52d Infantry, 1st Infantry Division.

7. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was wounded on 16 July 1968 with a fragment wound to the chest and right shoulder. He is listed on the Vietnam Casualty Roster as being wounded on 16 July 1968. His service medical records are not available.

8. On 1 February 1969, the applicant was reassigned to Company I, 75th Infantry (Rangers), 1st Infantry Division. On 18 April 1969, he was reassigned to Company A, 1st Battalion, 16th Infantry, 1st Infantry Division.

9. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he departed Vietnam on 8 June 1969. (Item 31 (Foreign Service) shows he had an estimated (a pencil entry) departure date of 11 June 1969.)

10. The applicant was honorably released from active duty on 10 June 1969 after completing 1 year, 7 months, and 3 days of creditable active service with no lost time. His conduct and efficiency were rated as "excellent" throughout his service. There is no record that he ever received any disciplinary action.

11. The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, one award of the Purple Heart, the Air Medal, and the Parachutist Badge. His DD Form 214 was later amended to add the Bronze Star Medal.

12. An undated Veterans Administration Form 21-6782 (Original Disability Compensation) shows the applicant was awarded a 10 percent disability rating for a shell fragment wound, right sternoclavicular area and a zero percent disability rating for a shell fragment wound of the right anterior chest wall.

13. Army Regulation 600-8-22 (Military Awards) states 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 by a medical officer, and the medical treatment must have been made a matter of official record.

14. Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each credited campaign. The applicant was assigned to Vietnam during the Vietnam Counteroffensive Phase IV (2 April through 30 June 1968); Vietnam Counteroffensive Phase V (1 July through 1 November 1968); Vietnam Counteroffensive Phase VI (2 November 1968 through 22 February 1969); and Tet 69 Counteroffensive, 1969 (23 February through 8 June 1969) campaigns.

15. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

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 that, at the time of the applicant's assignment to Company F, 52d Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 December 1967 through July 1968 by Department of the Army General Orders (DAGO) Number 48 dated 1969, as amended by DAGO Number 53 dated 1970.

17. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to Company I, 75th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period February 1969 through 7 April 1970 by DAGO Number 53 dated 1970.
18. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to Company A, 1st Battalion, 16th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53 dated 1970.

19. Army Regulation 600-8-22 states that award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation is accompanied with oak leaf clusters.

20. Department of the Army General Number Orders 8 dated 1974 announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1. There is no evidence of record and the applicant provides none to show he was wounded twice. He is listed on the Vietnam Casualty Roster only for wounds received on 16 July 1968. Item 40 of his DA Form 20 shows only that he was wounded on 16 July 1968. The description of his wounds in item 40 indicates he received both a wound to his chest and to his shoulder on 16 July 1968. In the absence of evidence showing he was wounded in April 1969, the Board presumes the applicant's shoulder and chest wounds were incurred at the same time in July 1968.

2. The Board concludes the applicant met the eligibility criteria for award of the Army Good Conduct Medal. It would be appropriate to award him this medal and to add it to his DD Form 214.

3. The Board notes that item 38 of the applicant's DA Form 20 shows he departed Vietnam on 8 June 1969. Considering he separated on 10 June 1969, the Board concludes this is a more likely date of departure than that (11 June 1969) shown in item 31. Therefore, the applicant should be credited with participation in 4 campaigns and is therefore authorized to wear 4 bronze service stars on the Vietnam Service Medal. His DD Form 214 should be amended to reflect this fact.

4. The evidence of record shows the applicant was awarded the Sharpshooter Qualification Badge with Pistol bar, the Expert Qualification Badge with Machine Gun bar, and the Sharpshooter Qualification Badge with Rifle bar. His DD Form 214 should be amended to add these badges.

5. The evidence of record shows the applicant was assigned to 3 different units during a period of time each unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. In addition, the Republic of Vietnam Gallantry Cross with Palm Unit Citation was later awarded to Headquarters, U. S. Military Assistance Command and its subordinate units and to Headquarters, U. S. Army Vietnam and its subordinate units. His DD Form 214 should be amended to add these unit awards.

6. 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 awarding the applicant the Army Good Conduct Medal for the period 8 November 1967 through 10 June 1969.

2. That the applicant's DD Form 214 be amended to add the Army Good Conduct Medal, 3 awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Qualification Badge with Pistol bar, the Expert Qualification Badge with Machine Gun bar, and the Sharpshooter Qualification Badge with Rifle bar and to show he is authorized to wear 4 bronze service stars with the Vietnam Service Medal.

3. That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:

__rwa___ __lcb___ __bje___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Roger W. Able______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080655
SUFFIX
RECON
DATE BOARDED	20030710
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0015
2.
3.
4.
5.
6.