PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 April 2003
         DOCKET NUMBER: AR2003084960


         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. Luis Almodova.		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Thomas Lanyi		Member
Mr. Bernard P. Ingold		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 his records indicate his having been wounded as a result of enemy action on 10 October 1970 and that he be awarded the Purple Heart.

3. The applicant states in his application, in effect, that there is no record of his having been wounded. The wounds were not reported.

4. The applicant submitted a self-authored letter detailing the events that brought him to making his application for award of the Purple Heart to this Board; a sworn statement from a retired Air Force Colonel, the pilot of the aircraft in which he was an aerial observer; an unwitnessed, undated, self-authored sworn statement; a copy of a Memorandum to the Commander, US Total Army Personnel Command, Subject: Submission for Ex Post Facto Award of the Purple Heart Medal for [the applicant] for Wounds Received in Laos 10 October 1970, dated 20 June 2000; copies of 3 assignment/reassignment orders pertinent to the applicant; and copies of 4 general orders which award him the Air Medal for Heroism; in support of his application.

5. The applicant’s military records show that he enlisted in the Army National Guard on 26 July 1954 through 2 July 1956. He enlisted in the Regular Army on 3 July 1956. He was honorably released from active duty in the rank and pay grade, Sergeant, E-5, on 2 July 1958, after having completed 3 years active duty. On 30 July 1959 the applicant reenlisted for 3 years and continued his Army service through several reenlistments culminating in his discharge in the rank and pay grade of Master Sergeant, E-8, for the purposes of voluntary retirement on 31 January 1981.

6. During his over 23-year career, the applicant served two tours of duty in the Republic of Vietnam. His first recorded tour of duty in Vietnam spanned the period from 3 May 1966 through 5 July 1968. His second tour of duty in Vietnam spanned the period from 5 November 1969 through 6 May 1971.

7. While in the Republic of Vietnam, during his two tours of duty, the applicant participated in the following nine campaigns: the Vietnam Counteroffensive, which extended from 25 December 1965 through 30 June 1966; the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; the Tet Counteroffensive, which extended from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; the DA Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971.
8. The applicant's name does not appear on the Vietnam Casualty List.

9. Item 4 (Assignment Considerations), of the applicant's DA Form 2-1, Personnel Qualification Record, Part II, is void of an entry to reflect wounds received as a result of enemy action. There is no entry in Item 9 (Awards, Decorations and Campaigns), of the DA Form 2-1, showing that the applicant was awarded the Purple Heart. There are no orders in the applicant's military personnel records awarding him the Purple Heart.

10. The retired Air Force Colonel provides details of events from their launch, flight over Laos, and their return to Da Nang on 10 October 1970. In his sworn statement, the Colonel admits that he had "assumed he [the applicant] would be treated in Army facilities" only to learn later that he had "received no documented medical treatment" for the wounds that he had sustained.

11. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, trophies, and similar devices awarded in recognition of accomplishments.

12. The above regulation 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: (a) the wound was the result of hostile action; (b) the wound required medical treatment; and (c) the medical treatment was made a matter of official record.

13. This same regulation 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, in this case, the Vietnam Service Medal. This same regulation also specifies that a silver service star will be awarded in lieu of five bronze service stars.

14. Army Regulation 670-1, in effect at the time, governed the requirements for the Overseas Service Bar. In pertinent part, it provided 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. One overseas service bar is authorized for each six-month period served in the Republic of Vietnam. To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

---

15. Army Regulation 635-5 governs the preparation and distribution of the DD Form 214. The DD Form 214 is a summary of a soldier's active duty and as such, the regulation specifies that entries are accurate, and complete. No deviation is authorized.

16. Block 13 (decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (all periods of service) shows that the applicant was awarded the following: Bronze Star Medal with 2 OLC, Air Medal w /V Device 12 Awards, Army Commendation Medal w/1 OLC, Good Conduct Medal 8 Awards, National Defense Service Medal, Armed Forces Expeditionary Service Medal, Vietnam Service Medal, Humanitarian Service Medal, Meritorious Unit Citation, Vietnam Gallantry Cross w/Palm Unit Citation, Vietnam Civil Actions Unit Citation, Vietnam Campaign Medal, Combat Infantryman Badge, Ranger Tab, Master Parachutist Badge, Pathfinder Badge, Master Parachutist Badges Thailand and Vietnam.

CONCLUSIONS:

1. The applicant admits that he treated the wounds that he allegedly sustained as a result of hostile action on 10 October 1970 himself because they were not, in his opinion, life threatening; therefore, the medical treatment was not made a matter of official record.

2. The pilot of the aircraft in which he performed aerial observer duties also admits that, he had assumed the applicant would be treated in Army facilities and learned that the medical treatment he received for his wounds was not documented. The applicant is therefore not eligible for award of the Purple Heart.

3. The applicant was present and participated in 9 campaigns during his two tours of duty in the Republic of Vietnam. The applicant has not been given appropriate credit for his campaign participation in Block 13 of his DD Form 214; therefore, he is entitled to 1 silver service star and 4 bronze service stars to be affixed to his already awarded Vietnam Service Medal.

4. The applicant served 44 months during his two tours of duty in the Republic of Vietnam. He is therefore eligible for award of 7 overseas service bars and it would be appropriate to add them to his DD Form 214 at this time.

5. The Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, have been misidentified in Block 13 of the applicant's DD Form 214. These unit awards should be correctly identified on his separation document at this time.

6. 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. deleting the entries, "Vietnam Service Medal, Meritorious Unit Citation, and the Vietnam Civil Action Unit Citation" from Block 13 of the applicant's DD Form 214;

         b. awarding the applicant 1 silver and 4 bronze service stars to be affixed to his already awarded Vietnam Service Medal, and 7 Overseas Service Bars;

         c. entering the correct titles for the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and

         d. amending Block 13 of the applicant's DD Form 214 to include the following: "Vietnam Service Medal with 1 silver and 4 bronze service stars,
7 Overseas Service Bars, the Meritorious Unit Commendation, 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:

__jns___ ___tl___ __bpi___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           John N. Slone
                  ______________________
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003084960
SUFFIX
RECON
DATE BOARDED	20030429
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	144.0000
2.	144.0015
3.
4.
5.
6.