PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 April 2003
         DOCKET NUMBER: AR2002081101


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Harry B. Oberg		Member
Mr. Ronald J. Weaver		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, award of the Purple Heart for wounds sustained on 5 May 1968 in Vietnam.

3. The applicant states that due to a high level of combat during early May 1968 medical personnel in his unit were overworked and overlooked the official documentation of his wounds. In a letter of explanation, dated 8 July 2002, the applicant contends that on 5 May 1968, during a firefight, the tank in front of his vehicle received a direct hit and he received two pieces of shrapnel in his right arm. He contends that he continued with the firefight and later a fellow soldier helped him clean his arm and remove one piece of shrapnel from his arm. In support of his application, he submits a letter, dated 11 October 2002, from his platoon leader at the time in question; a copy of his DD Form 214; and supporting documentation listed on the Table of Contents.

4. The applicant’s military records show that he was inducted on 3 February 1967. He served as a light weapons infantryman in Vietnam from 6 July 1967 through 4 July 1968 and was honorably released from active duty on 31 January 1969.

5. The applicant's DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6. There is no evidence in the applicant's personnel service records which shows that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

7. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.

8. The applicant's name does not appear on the Vietnam Casualty Roster.

9. In support of his claim for award of the Purple Heart, the applicant submits two eyewitness statements from his platoon leader at the time in question. The platoon leader attests that he and the applicant were both wounded by shrapnel from the same blast of a nearby tank being hit by an anti-tank round on 5 May 1968 in Vietnam. He states that they received medical attention that night and that he was directed to go to the hospital the next morning for outpatient surgery. The platoon leader provided a copy of his orders for the Purple Heart for wounds received in action on 6 May 1968 (he contends that these orders are dated
6 May 1968 because that is the day he received treatment at the hospital).

10. The applicant also submits an affidavit, dated 24 July 2002, from the Troop Commander of A Troop, 1st Squadron, 4th Cavalry of the 1st Infantry Division. The Troop Commander attests that he observed a shrapnel wound in the applicant's upper arm on 5 May 1968. He also states that due to the intense fighting that was going on during this period and the lack of experienced replacements, it was necessary for soldiers, who normally would have been treated in a medical facility, to be treated in the field and returned to their tracks.

11. The applicant also provided several unit records which describe the intensity of combat on 5 May 1968 in Vietnam.

12. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show that he participated in four campaigns during his assignment in Vietnam.

13. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

14. The Board notes that the applicant is eligible for two Overseas Service Bars for his service in Vietnam. These awards are not shown on his DD Form 214.

15. 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 Valorous Unit Award for actions during the period
31 January 1968 to 31 May 1968 by Department of the Army General Orders Number 31, dated 1969. This award is not shown on his DD Form 214.

16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969. This award is not shown on his DD Form 214.

17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970. This award is not shown on his DD Form 214.

18. Army Regulation 600-8-22 (Military Awards) 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.

19. 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.

20. 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.

21. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar 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 for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months 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 whole months for credit toward the overseas service bar.

CONCLUSIONS:

1. The Board finds the eyewitness statement provided by the applicant's platoon leader at the time in question, the statement provided by the Troop Commander and the unit records, sufficient as a basis for award of the Purple Heart. Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 5 May 1968 in Vietnam and correction of his DD Form 214 to show this award.

2. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated
in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.

3. The applicant is entitled to the first award of the Good Conduct Medal for the period 3 February 1967 through 31 January 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 is entitled to two Overseas Service Bars for his service in Vietnam. Therefore, his DD Form 214 should be corrected to show these awards.

5. The applicant's unit received the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit awards.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart, the Vietnam Service Medal with four bronze service stars, the first award of the Good Conduct Medal, two Overseas Service Bars, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

WTM___ HBO____ RJW_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Walter T. Morrison__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002081101
SUFFIX
RECON
DATE BOARDED	20030417
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.