PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 June 2003
         DOCKET NUMBER: AR2003085616


         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. John N. Slone		Chairperson
Ms. Lana E. McGlynn		Member
Mr. William D. Powers		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 award of the Purple Heart.

3. The applicant states that while deployed in Vietnam he was wounded on
6 May 1966 due to fragments caused by a child firing a weapon at perforated steel planking (PSP) that shattered and hit him. In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge); a Standard Form 600 (Chronological Record of Medical Care), dated 6 May 1966 and a Standard Form 89 (Report of Medical History), dated 31 May 1966.

4. The applicant’s military records show that he enlisted on 4 June 1963 for a period of 3 years. He served as a light weapons infantryman in Vietnam from
25 June 1965 through 27 May 1966 and was released from active duty on 2 June 1966.

5. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6. There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

7. His DA Form 20 (Enlisted Qualification) does not reflect 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 a Standard Form 600 (Chronological Record of Medical Care), dated 6 May 1966. This medical record shows the applicant sustained multiple scrap metal wounds over his left chest, right abdomen and right leg, while at a water point, where a Vietnamese child discharged a captured weapon that caused particles of PSP to hit the applicant.

9. The applicant also provided a Standard Form 89 (Report of Medical History), dated 31 May 1966, which shows he was hit by bullet fragments (right leg, right abdomen and left chest) in Vietnam.

10. The applicant served a period of qualifying service in Vietnam for award of the Vietnam Campaign Medal. This award is not shown on his DD Form 214.

11. The applicant served a period of qualifying service for award of the National Defense Service Medal. This award is not shown on his DD Form 214.





12. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

13. The applicant served in Vietnam from 25 June 1965 through 27 May 1966 and is entitled to two awards of the Overseas Service Bar. These awards are not shown on his DD Form 214.

14. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. His records show he participated in two campaigns during his assignment in Vietnam.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) 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 21, dated 1969. This award is not shown on his DD Form 214.

16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970. This award is not shown on his DD Form 214.

17. 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.

18. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

19. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

20. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

21. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides 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 for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

22. 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. Medical evidence of record shows that a child firing a weapon, not as a result of hostile action, accidentally injured the applicant.

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. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.





3. The applicant served in Vietnam from 25 June 1965 through 27 May 1966. Therefore, the applicant is entitled to award of the Vietnam Campaign Medal and correction of his DD Form 214 to show this medal.

4. The applicant is entitled to award of the National Defense Service Medal for his honorable active service between 4 June 1963 to 2 June 1966. Therefore, his DD Form 214 should be corrected to show this medal.

5. The applicant is entitled to the first award of the Good Conduct Medal for the period 4 June 1963 through 3 June 1966 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.

6. The applicant is entitled to two awards of the Overseas Service Bar for his service in Vietnam from 25 June 1965 through 27 May 1966. Therefore, his DD Form 214 should be corrected to show these awards.

7. 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.

8. The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show these unit awards.

9. 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 Vietnam Campaign Medal, the National Defense Service Medal, the Good Conduct Medal, two awards of the Overseas Service Bar, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



2. That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:

JNS____ LEM____ WDP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __John N. Slone________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085616
SUFFIX
RECON
DATE BOARDED	20030619
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.