PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 April 2003
         DOCKET NUMBER: AR2002082222


         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. Arthur A. Omartian		Chairperson
Mr. Thomas B. Redfern		Member
Mr. Thomas E. O'Shaughnessy		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 award of the Purple Heart.

3. The applicant states, in effect, that he sustained multiple shrapnel injuries to his left shoulder and neck in 1967 in Vietnam. In support of his application, he submits two Compensation and Pension Exam Reports, dated 22 July 2002 and 24 July 2002; and an eyewitness statement, dated 28 July 2001, from a fellow soldier at the time in question.

4. The applicant’s military records show that he was inducted on 26 November 1965. He served as a light weapons infantryman in Vietnam from 2 September 1966 through 31 August 1967 and was honorably released from active duty on
3 September 1967.

5. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6. There is no evidence in the available records which shows that the applicant 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. The applicant provided an eyewitness statement, dated 28 July 2001, from a fellow soldier at the time in question who declares that the applicant and three other men received shrapnel wounds on the night of 25 May 1967 in Vietnam.

10. In support of his claim for award of the Purple Heart, the applicant provided a Compensation and Pension Exam Report, dated 22 July 2002. The report states, in pertinent part, "This is a 57-year-old white male, Vietnam veteran who gives a history of sustaining multiple shrapnel injuries while in Vietnam. This injury occurred in 1967. The injuries were said to be on the left shoulder, anterior neck and right antecubital fossa."

11. 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.



12. A DD Form 215 (Correction to DD Form 24), issued on 14 April 1993, shows the Vietnam Service Medal with one bronze service star as an authorized award. The applicant's records show that he participated in two campaigns during his assignment in Vietnam.

13. 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 the applicant's DD Form 214 or DD Form 215.

14. 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.

15. 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.

16. 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.

CONCLUSIONS:

1. The Board noted the applicant's contention that he sustained multiple shrapnel injuries to his left shoulder and neck in 1967 in Vietnam. The Board also reviewed the Compensation and Pension Exam Report wherein the applicant reported a history of sustaining multiple shrapnel injuries while in Vietnam in 1967.

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

3. The Board considered the eyewitness statement provided in support of the applicant's claim for award of the Purple Heart. However, this statement, made



34 years after the fact, is not sufficient by itself as a basis for award of the Purple Heart, in view of evidence of record which shows the applicant was not wounded.

4. The applicant signed his DD Form 214 on 3 September 1967 attesting to the fact that he was not entitled to award of the Purple Heart.

5. The preponderance of evidence in this case shows the applicant was not wounded as a result of hostile action or otherwise entitled to the Purple Heart. Therefore, the Board determined that there was insufficient evidence on which to base award of the Purple Heart.

6. The applicant is entitled to the first award of the Good Conduct Medal for the period 26 November 1965 through 3 September 1967 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.

7. The applicant’s DD Form 215 shows the Vietnam Service Medal with one bronze service star as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two 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 two bronze service stars and correction of his DD Form 215 to show these awards.

8. The applicant's unit received 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 military records to show this unit citation.

9. 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 that the individual concerned was awarded the first award of the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars and 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:

AAO___ TBR_____ TEO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Arthur A. Omartian______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082222
SUFFIX
RECON
DATE BOARDED	20020401
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.