PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 May 2003
         DOCKET NUMBER: AR2003084526


         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
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Mark D. Manning		Member
Mr. Robert L. Duecaster		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.

---

2. The applicant requests, in effect, that the Purple Heart (PH) be added to his separation document (DD Form 214).

3. The applicant states, in effect, that while he was in the hospital in the Republic of Vietnam (RVN), he was awarded the PH for an injury he received during incoming fire from the enemy. He states that he was then airlifted to Japan for surgery to his right ankle. He claims that he still has the award he received, but it was not included in the list of awards contained in his DD Form 214.

4. The applicant’s military record shows that he enlisted in the Regular Army for 3 years and entered active duty on 10 June 1966. He successfully completed basic training at Fort Polk, Louisiana, and advanced individual training (AIT) at Fort Belvoir, Virginia. Upon completion of AIT, he was awarded military occupational specialty (MOS) 62B (Engineer Equipment Repairer).

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that he served in the RVN from 10 April 1967 through 11 April 1968. He was assigned to Company D, 34^th Engineer Battalion, United States Army Pacific (USARPAC) and performed duties in MOS 62B. Item 40 (Wounds) is blank, which indicates that he was never wounded or injured in action while serving in the RVN.

6. Item 41 (Awards and Decorations) of the DD Form 214 lists the following awards the applicant earned during his tenure on active duty: National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Vietnam Campaign Medal (VCM); Expert Marksmanship Qualification Badge with Rifle Bar; and 2 Overseas Bars. The PH is not included in this list of earned awards. Item 48 (Date of Audit) confirms that the applicant reviewed his DA Form 20 on 9 August 1968, and verified that the information contained therein was correct at that time.
7. The applicant’s Military Personnel Records Jacket (MPRJ) contains no derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (AGCM). It also contains no documentation indicating that he was ever disqualified from receiving the award by any of the active duty commanders for which he served.

8. The applicant’s MPRJ does include a Report of Medical Examination (SF 88) that shows he took a separation medical examination in November 1968. This document verifies that the applicant suffered a fracture to his right ankle in March 1968; however, it provides no indication that the injury was the result of enemy action.

---

9. On 20 December 1968, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service. The DD Form 214 issued to him on this date confirms that he held the rank and pay grade of specialist/E-4 and that he had completed a total of 2 years, 11 months, and 11 days of active military service. The list of awards earned by the applicant included in this document are the NDSM, VSM, VCM, Expert Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Bars. The PH is not in this list of authorized awards. The applicant authenticated this document with his signature in
Item 32 (Signature of Person Being Separated), thereby verifying that the information contained therein was correct at the time the document was prepared and issued.

10. In connection with the processing of this case, a member of the Board staff reviewed the Department of the Army Vietnam Casualty Roster, which contains the names of those soldiers wounded or injured in action in the RVN. The applicant’s name was not included in this DA list of RVN casualties.

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

12. Paragraph 2-13 contain guidance on award of the VSM and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in the following three campaigns: Vietnam Counteroffensive, Phase III;
TET Counteroffensive; and Vietnam Counteroffensive, Phase IV.

13. Chapter 4 of the awards regulation prescribes the policy for award of the AGCM. It states, in pertinent part, that it is authorized for each 3 years of qualifying honorable service completed on or after 27 August 1940. However, for the first award only, a period of more than 1 year is a qualifying period if it is awarded upon the termination of active service. While there is no automatic entitlement to the AGCM, disqualification must be justified.

---

14. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during his tenure of assignment in the RVN, the applicant’s unit (34^th Engineer Battalion) earned the Meritorious Unit Commendation, RVN Civil Actions Honor Medal First Class Unit Citation, and RVN Gallantry Cross Unit Citation with Palm.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to the PH. However, it finds insufficient evidence to support this claim. By regulation, in order to award the PH it is necessary to establish that a soldier was wounded in action, that the wound required treatment by a medical officer, and that the record of medical treatment must have been made a matter of official record.

2. The evidence of record provides no confirmation that the applicant was ever wounded in action or that he was ever treated for a wound or injury received in action. Although the record shows that applicant received a right ankle injury in March 1968, there is no indication that this injury was the direct result of enemy action. Further, the applicant has failed to provide any independent evidence to support his claim of entitlement to the PH. Thus, based solely on the lack of evidence, the Board is compelled to deny his request for the PH in the interest of all those who served in the RVN and who faced similar circumstances.

3. During its review of this case, the Board discovered that the applicant is entitled to awards that were not included in either his record or his separation document. Lacking any derogatory information on file that would disqualify him from receiving the AGCM, or a specific disqualification from any of the active duty unit commanders for which he served, the Board finds that he is entitled to the first award of the AGCM based on his qualifying period of honorable active duty service from 10 January 1966 through 20 December 1968.

4. The record also confirms the applicant’s entitlement to 3 bronze service stars with his VSM based on his campaign participation in the RVN. In addition, based on his unit service in the RVN, he is entitled to the Meritorious Unit Commendation, RVN Civil Actions Honor Medal First Class Unit Citation, and RVN Gallantry Cross Unit Citation with Palm. Thus, the Board concludes that it would also be appropriate to add these awards to his record at this time.

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

---

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by:

a. awarding the individual concerned the first award of the Army Good Conduct Medal, for his qualifying period of honorable service from 10 January 1966 through 20 December 1968;

b. correcting his record and DD Form 214 to show he earned the following awards during his active duty tenure: Army Good Conduct Medal; National Defense Service Medal; Vietnam Service Meal with 3 bronze service stars; Republic of Vietnam Campaign Medal with 60 Device; Meritorious Unit Commendation; Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; Expert Marksmanship Qualification Badge with Rifle Bar; and 2 Overseas Service Bars; and

c. providing him a corrected separation document that includes these awards.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__MM__ _SAC___ __RLD__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Samuel A. Crumpler
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003084526
SUFFIX
RECON
DATE BOARDED	2003/05/08
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1968/12/20
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	ETS
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.