PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 July 2003
         DOCKET NUMBER: AR2003084983


         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 D. Howard		Member
Mr. Thomas Lanyi		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, in effect, that he be awarded the Purple Heart.

3. The applicant states, in effect, that he was wounded in the Republic of Vietnam in 1970. He states that he was injured by shrapnel while they were in the Tay Ninh Province and after the helicopter landed. He adds that he was treated at a field aide station.

4. The applicant submitted a copy of page 2 of a Department of Veterans Affairs (VA) Rating Decision dated 15 May 1997; a copy of a Standard Form (SF) 93, Report of Medical History, dated 3 September 1980; a copy of a SF 93, Report of Medical History, dated 5 October 1977; a copy of a SF 93, Report of Medical History, dated 14 June 1975; and a SF 88, Report of Medical Examination, dated 11 April 1983.

5. The applicant’s military records show that he enlisted in the Army on 30 June 1969 and served in Vietnam from 2 January 1970 through 16 January 1971 with Headquarters Company, 228th Aviation Battalion, 1st Cavalry Division. The applicant served in the following three campaigns with this unit: 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.

6. The applicant was released from active duty on 3 January 1972. The applicant underwent a separation physical examination on 20 December 1971. Neither the SF 88 nor the SF 93 that he completed in conjunction with this medical examination has any mention of his being wounded while he was in Vietnam. This medical examination was not conducted at a returnee reassignment station or at a transfer station.

7. The applicant served in the US Army Reserve from 4 January 1972 through 17 March 1972, and in the Army National Guard of the United States from 18 March 1972 through 30 March 1974, and in the US Army Reserve again from 31 March 1974 through 19 June 1975. On 20 June 1975, the applicant returned to the Regular Army and voluntarily retired on 30 November 1993 in the rank and pay grade of Sergeant First Class, E-7. On the date of his retirement, the applicant had 20 years, 11 months, and 15 days active Federal service and 24 years, 5 months, and 1 day total service for pay purposes.

8. The SF 93 that the applicant completed for the purposes or reenlistment dated 14 June 1975 shows no reference to wounds or residual scars from wounds received in Vietnam.

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

10. The medically related documents that the applicant submitted: a copy of a Standard Form (SF) 93, Report of Medical History, dated 3 September 1980; a copy of a SF 93, Report of Medical History, dated 5 October 1977; and a SF 88, Report of Medical Examination, dated 11 April 1983, contain reference to wounds he received while he was in the Republic of Vietnam at the age of 19 but they were completed from seven to more than thirteen years after the alleged event.

11. Available medical records revealed a SF 600, Chronological Record of Medical Care, dated 12 September 1970, that shows the applicant was treated for wounds to the right leg and left arm received from flying metal fragments from a mine.

12. The applicant's DA Form 20, Enlisted Qualification Record, is not available for review. Data from that form was transposed to the DA Form 2-1, Personnel Qualification Record, Part II, on its scheduled conversion date. Information about wounds, if entered, was not carried forward to the new record. Item 4 (Assignment Considerations), DA Form 2-1, shows no entry for wounds received because of hostile or enemy action that resulted in medical treatment or hospitalization. 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.

13. DD Form 214, prepared on his retirement date, 30 November 1993, shows the following awards and decorations in Block 13 and are continued in Block 18 (Remarks): "Army Service Ribbon//National Defense Service Medal 2BSS//Overseas Service Ribbon (3)//NCO Professional Development Ribbon (3)//Army Good Conduct Medal 5th Award//Army Commendation Medal with
4 OLC//Overseas Service Bars (2)//Meritorious Service Medal 2OLC//Combat Infantryman Badge//Joint Service Commendation Medal//Vietnam Gallantry Cross Unit Citation//Southwest Asia Service Medal with 1BSS//Humanitarian Service Medal//Schutzenschnur (Silver)//Driver and Mechanic Badge//Vietnam Service Medal//Vietnam Campaign Medal."

14. Army Regulation 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be

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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.

15. The above regulation also, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its
Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

16. 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 that the unit the applicant served with,
Headquarters Company, 228th Aviation Battalion, 1st Cavalry Division, was awarded the Valorous Unit Award for the period 1 May through 29 June 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 1 January 1969 through 1 February 1970, by DAGO 42 dated 1972.

CONCLUSIONS:

1. The SF 600 in the applicant's service records shows that the applicant was wounded in Vietnam on 12 September 1970 and that the wounds required medical treatment; however, the summary does not contain sufficient information to conclude that it was the result of hostile action. The applicant is therefore not entitled to award of the Purple Heart.

2. After the applicant's return from Vietnam, while undergoing separation and reenlistment physical examinations, he made no mention that he was wounded in Vietnam. Examining physicians also made no mention of any residual scars from wounds that might have been sustained as a result of hostile enemy action in Vietnam.

3. Neither the SF 88 nor the SF 93 that he completed in conjunction with this medical examination on 20 December 1971 has any mention of his being wounded while he was in Vietnam. This medical examination was not conducted at a returnee reassignment station or at a transfer station and therefore, the applicant did not succumb to the sense of urgency that many Vietnam returnees experienced in their haste to get home.

4. There is no indication in the SF 600 that was completed on 12 September 1970 that he required any hospitalization. On the SF 93, dated 5 October 1977, the applicant responded, "yes" to the question, "Have you ever been a patient in

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any type of hospital?" This, he stated, was for the treatment of wounds on his right arm/between his legs/right knee/left hand/fingers/and chest.

5. On the SF 93, dated 3 September 1980, the applicant again responded, "yes" to the question, "Have you ever been a patient in any type of hospital?" This, he stated was for the removal of shrapnel at age 19 while he was in Vietnam. In this SF 600, the applicant did not mention the areas of his body from which shrapnel was taken.

6. On the SF 93, dated 19 November 1992, the applicant responded, "no" to the question, "Have you ever been a patient in any type of hospital?" In response to the question, "Have you ever had any illness or injury other than those already noted?" The applicant just responded, "Vietnam wounds." Neither he nor the examining physician elaborated on the entry.

7. The evidence of record shows that the applicant participated in three campaigns while serving in Vietnam. He is therefore entitled to 3 bronze service stars to be affixed to his already awarded Vietnam Service Medal. Award of these bronze service stars is not shown on DD Form 214. It would therefore be appropriate to add them to his DD Form 214 at this time.

8. The unit the applicant served with in Vietnam, Headquarters Company, 228th Aviation Battalion, 1st Cavalry Division, was awarded the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. These unit awards are not shown on the applicant's DD Form 214. It would be appropriate to add them to his DD Form 214 at this time.

9. 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 Vietnam Service Medal from Block 18 of the applicant's DD Form 214;

b. awarding the applicant the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and

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c. amending Block 18 of the applicant's DD Form 214 to show these awards.

2. That so much of the application as is in excess of the foregoing, that he be awarded the Purple Heart, be denied.


BOARD VOTE:

___tdh __ __js_____ ___tl____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____John N. Slone______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084983
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/07/22
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 119	107.0073/VSM w/3 bss
3. 141	107.0095/RVNCAHM
4.
5.
6.