PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 May 2003
         DOCKET NUMBER: AR2003083429


         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 A. Pagan		Member
Mr. Roger W. Able		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 that he was in a jeep accident on 29 October 1966 in Vietnam. He contends that the 136th Medical Dispensary treated him and he did not receive a Purple Heart. In support of his application, he submits a medical record, dated 29 October 1966.

4. The Veterans of Foreign Wars, as counsel for the applicant, points out that the applicant contends that he should be awarded a Purple Heart because of an accident he was involved in while in Vietnam.

5. The applicant’s military records show that he was inducted on 16 September 1965. He served as a carpenter in Vietnam from 22 March 1966 through
25 March 1967 and was honorably released from active duty on 22 September 1967.

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

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

8. The applicant's DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster.

9. In support of claim for award of the Purple Heart, the applicant provided a medical record, dated 29 October 1966. This medical record shows the patient was hit by a jeep which ran over his left foot and leg. There is no evidence that this accident was the result of hostile action.

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

11. 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 November 1966 to 31 July 1967 by Department of the Army General Orders Number 48, dated 1968. This award is not shown on his DD Form 214.

12. 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 8, dated 1974. This award is not shown on his DD Form 214.

13. The Board notes that the applicant is eligible for two awards of the Overseas Service Bar for his service in Vietnam which are not shown on his DD Form 214.
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, 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. 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 evidence of record supports the applicant's contention that he was in a jeep accident on 29 October 1966 in Vietnam. Medical evidence of record shows the applicant was accidentally injured on 29 October 1966 when a jeep ran over his left foot and leg, not as a result of hostile action.

2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

3. The applicant’s DD Form 214 shows the Vietnam Service Medal 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 214 to show these awards.

4. The applicant's unit received the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm 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.

5. Based on his service in Vietnam from 22 March 1966 through 25 March 1967, the applicant is entitled to two awards of the Overseas Service Bar. Therefore, his DD Form 214 should be corrected to show these awards.

6. 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 Vietnam Service Medal with two bronze service stars, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Overseas Service Bar.

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

BOARD VOTE:

AAO____ TAP___ RWA____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003083429
SUFFIX
RECON
DATE BOARDED	20030515
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.