PROCEEDINGS


         IN THE CASE OF: .
        

         BOARD DATE: 26 August 2003
         DOCKET NUMBER: AR2003084996


         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. Raymond J. Wagner		Chairperson
Mr. Robert Duecaster		Member
Ms. Marla J. Troup		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 action in Vietnam on 21 March 1970 while his unit was on a search and destroy mission in the "Run Run Valley." During the mission, he and one other soldier were wounded, and another soldier was killed in action by "friendly-fire" when an artillery shell landed on their position. The applicant contends that his unit did not count "friendly fire" towards award of the Purple Heart.

4. The applicant’s military records show that he was inducted into the Army of the United States on 6 March 1969. He received his basic combat training and his advanced individual training at Fort Jackson, South Carolina. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman.

5. The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar under authority of Special Orders Number 66, dated 26 April 1969, by Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, South Carolina. This badge is not shown in Item 24 of his DD Form 214.

6. The applicant was also awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar under authority of Special Orders Number 105, dated 9 June 1969, by Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson, South Carolina. This badge is also not shown in Item 24 of his
DD Form 214.

7. On 15 August 1969, the applicant was assigned to the Republic of Vietnam. He was assigned to A Company, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division (Airmobile). On 20 June 1970, he was reassigned within the regiment to its Headquarters and Headquarters Company. He remained in this unit until he was returned to Fort Lewis, Washington, for the purpose of being released from active duty on 7 October 1970.

8. While in the Republic of Vietnam, the applicant participated in the following five campaigns: the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; 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; the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971; and the Consolidation I, which extended from 1 July 1971 through
30 November 1971.

9. The applicant's name does not appear on the Vietnam Casualty List. The applicant's medical records are not available for the Board's review.

10. Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, has the entry, "Frag wound to left arm/21 March 1970". There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, 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.

11. The applicant was honorably released from active duty on 7 October 1970 and was transferred to the US Army Reserve Control Group (Annual Training) in the rank and pay grade, Specialist 4, E-4. On his release from active duty, he had a total of 1 year, 7 months, and 2 days active Federal service with no lost time. The applicant's DD Form 214, in Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was awarded the following: "NDSM, VSM, CIB, ARCOM, BSM, VCM."

12. Army Regulation (AR) 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.

13. 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: the wound was the result of hostile action; the wound required medical treatment; and the medical treatment was made a matter of official record.

14. Paragraph 2-8b (6)(b), AR 600-8-2 authorizes award of the Purple Heart to individuals who are wounded or killed as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with full intent of inflicting damage or destroying enemy troops or equipment.

15. This same regulation 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. This regulation also stipulates that a silver service star will be worn in lieu of five bronze service stars to denote participation in 5 campaigns.

16. The regulation also sets forth, in pertinent part, requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

17. AR 600-200, Chapter 9, the authority for making entries on the DA Form 20, in force at the time of the applicant's service, is quoted as follow: "9-53. Wounds (Item 40). Enter a brief description of wounds or injuries (including injuries from gas) requiring medical treatment, received through hostile enemy action, including those requiring hospitalization. Enter the date wounded or injured."

18. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by unit serving in Vietnam. This document shows that the unit the applicant served with, the
2nd Battalion, 502nd Infantry Regiment, a subordinate unit of the US Army Vietnam, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 20 July 1965 to 28 March 1973 by Department of the Army General Orders (DAGO) Number 8, dated 1974. The applicant's unit was also awarded the Valorous Unit Award for the period 25 April 1970 through
25 May 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 18 March 1968 through 2 May 1970 by DAGO Number 48 dated 1971.

19. AR 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.

20. AR 635-5 governs the preparation and distribution of the DD Form 214. The regulation specifies that awards and decorations will be listed in the priority sequence specified in AR 600-8-22. Abbreviations and other forms of contractions are prohibited in this item.

CONCLUSIONS:

1. The criteria for award of the Purple Heart, that the wound was the result of hostile action; that the wound required medical treatment; and that the medical treatment was made a matter of official record has been met. An appropriate entry appears in Item 40 of the applicant's DA Form 20, which meets the above criteria and the criteria of AR 600-200, Chapter 9. The applicant is therefore entitled to award of the Purple Heart and to have it added to his DD Form 214.

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2. The applicant’s contentions that he was wounded by "friendly fire" were noted by the Board; nonetheless, the applicant remains eligible for award of the Purple Heart because the provisions of Paragraph 2-8b (6)(b) have also been met. It is the Board's opinion that all artillery rounds fired in Vietnam were discharged with the full intent of inflicting injury on the enemy or damaging enemy equipment.

3. The applicant was present and participated in 5 campaigns during his tenure in the Republic of Vietnam; therefore, he is entitled to 1 silver service stars to be affixed to his already awarded Vietnam Service Medal.

4. The applicant served in the Republic of Vietnam from 15 August 1969 through 7 October 1970 and is therefore entitled to award of 2 overseas service bars.

5. The applicant served with the 2nd Battalion, 502nd Infantry Regiment, during the period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation. The applicant's DD Form 214 does not show these awards as authorized awards because they were awarded to his unit after he had been released from active duty. It would be appropriate to add these unit awards to his DD Form 214 at this time.

6. The entries shown in Block 24, of the applicant's DD Form 214 (NDSM, VSM, CIB, ARCOM, BSM, and VCM) are not in conformance with Army Regulation 635-5, which governs the preparation of the DD Form 214. These awards should be shown correctly on the DD Form 214.

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

RECOMMENDATION:

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

         a. deleting the entries, "NDSM, VSM, CIB, ARCOM, BSM, and VCM" from Block 24 of the applicant's DD Form 214,

         b. awarding the applicant the Purple Heart; the Republic of Vietnam Gallantry Cross Unit Citation with Palm; the Valorous Unit Award; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and 1 silver service star to be worn on his already awarded Vietnam Service Medal,

         c. amending the applicant's DD Form 214, Block 24, to correct errors and to include other awards and to read as follows: Purple Heart; Bronze Star Medal, Army Commendation Medal; Vietnam Service Medal with 1 silver service star; Republic of Vietnam Campaign Medal; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Valorous Unit Award; Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; Combat Infantryman Badge; Sharpshooter Marksmanship Qualification Badge with Rifle Bar; Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, and 2 Overseas Service Bars.

BOARD VOTE:

__rjw ___ ___mt___ __rtd____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond J. Wagner____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084996
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/08/26
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 46	107.0000/awards
2. 61	107.0015/PH
3.
4.
5.
6.