PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 July 2003
         DOCKET NUMBER: AR2003083552


         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. 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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, the Presidential Unit Citation, the Valorous Unit Award, the Navy Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3. The applicant states, in effect, that he was wounded in a firefight on
18 February 1967 in Vietnam and he sustained wounds to his arms and hands. He contends that his commanding officer told him that he would not receive the Purple Heart because he did not want Civil Affairs personnel in any action with the enemy. In support of his application, he submits six enclosures addressed in an attachment to his application; a copy of his DD Form 214; excerpts from Department of the Army Pamphlet 672-3; and an eyewitness statement, dated
6 March 2003, from a fellow soldier at the time in question.

4. The applicant’s military records show that he enlisted on 30 July 1965 for a period of 3 years. He served as a military policeman in Vietnam from 16 May 1966 through 11 May 1967 and was released from active duty on 29 July 1968.

5. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Purple Heart, the Presidential Unit Citation, the Valorous Unit Award, the Navy Unit Commendation or the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards.

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

8. In support of his claim for award of the Purple Heart, the applicant provided an e-mail from a Navy corpsman at the time in question who indicates that he kept a diary of his service in Vietnam and that he has a personal knowledge of the applicant being treated for his wounds in Vietnam. However, the Board notes that, by the corpsman's own admission, he indicates that he departed from Vietnam on 16/17 February 1967 and the applicant contends that he was wounded on 18 February 1967.

9. The applicant provided e-mails, dated 2002, from two soldiers who have recollections of his wounds and a soldier confirming that the commanding officer of the applicant's unit continually denied awards of the Purple Heart to personnel authorized to receive them. He provided a Department of Veterans Affairs (DVA) letter, dated 2 October 2002, which shows the DVA accepted his e-mail to file a claim for service connection for scars on both arms and both hands.
10. The applicant also provided an eyewitness statement, dated 6 March 2003, from a fellow soldier at the time in question. This soldier attests that the applicant sustained fragmentation wounds to his arms and hands on 18 February 1967 in Vietnam during a firefight. He states that the applicant received medical treatment from a Navy corpsman in the field, that his wounds were further examined at a hospital and that the company commander admonished the applicant for his participation in the firefight.

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, the 29th Civil Affairs Company, was not cited for award of the Presidential Unit Citation while he was assigned to it.

12. Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned, was not cited for award of the Valorous Unit Award while he was assigned to it.

13. Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned, was cited for award of the Navy Unit Commendation during the period 12 June 1966 to 30 June 1968 by Department of the Army General Orders Number 32, dated 1973.

14. Department of the Army Pamphlet 672-3 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.

15. 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.

16. 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.

17. Army Regulation 600-8-22 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.

18. Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

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.

CONCLUSIONS:

1. The Board considered the applicant's contention that he was wounded in a firefight on 18 February 1967 in Vietnam and he sustained wounds to his arms and hands.

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 e-mails and the eyewitness statement provided by the applicant in support of his claim for award of the Purple Heart. However, this documentation, made 35 years after the fact, is not sufficient as a basis for award of the Purple Heart, in view of evidence of record which shows the applicant was not wounded. In addition, the Board notes that the Navy corpsman who allegedly treated the applicant's wounds departed Vietnam prior to the date the applicant was allegedly wounded. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

4. Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned, was not cited for award of the Presidential Unit Citation or the Valorous Unit Award while he was assigned to it. Therefore, the applicant is not entitled to these unit awards.

5. Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned, was cited for award of the Navy Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, the applicant's DD Form 214 should be corrected to show these unit awards.

6. 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.

7. 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 Navy Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with two bronze service stars.

2. That so much of the application as pertains to award of the Purple Heart, the Presidential Unit Citation and the Valorous Unit Award 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	AR2003083552
SUFFIX
RECON
DATE BOARDED	20030710
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.