PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 August 2003
         DOCKET NUMBER: AR2003086676


         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Curtis L. Greenway		Member
Mr. Ronald J. Weaver		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 his report of separation (DD Form 214) dated 7 August 1972 be corrected to reflect all of his awards and that he be awarded a second award of the Purple Heart.

3. The applicant states, in effect, that his DD Form 214 does not reflect his awards of the Bronze Star Medal with "V" Device, his Purple Heart, his Vietnamese Airborne Wings and his award of the Republic of Vietnam Gallantry Cross with Bronze Star (RVNGC w/Bronze Star). He further states that he was in a bar in Saigon on 5 September 1971 when he returned from the restroom and saw another American being attacked by seven or eight communists. He goes on to state that he went to the aid of the other service member and one of the communists pulled out a pistol and shot him in the right arm. As a result he has been paralyzed in the right arm. He continues by stating that he should have received the Purple Heart for saving another American from being killed by communists.

4. The applicant’s military records show that he enlisted on 9 October 1968 for a period of 3 years. He successfully completed his training and was transferred to Vietnam on 11 September 1969. He was assigned to Company N, 173^rd Airborne Brigade for duty as a light weapons infantryman.

5. On 13 November 1969, he was awarded the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force. The citation indicates that he was wounded during the engagement. He was awarded a Purple Heart for multiple fragmentation wounds to the back and was also awarded the Combat Infantryman Badge (CIB). He was evacuated to the United States for treatment and was reassigned to Fort Bragg, North Carolina on 7 January 1970.

6. On 9 July 1970, he was honorably discharged for the purpose of immediate reenlistment. He reenlisted on 10 July 1970, for a period of 6 years, assignment to Vietnam and a reenlistment bonus. He was reassigned to Vietnam on 3 September 1970 and was assigned to the Airborne Advisory Detachment, Military Assistance Command – Vietnam (MACV).

7. On 5 December 1970 he was awarded the Vietnamese Parachute Badge – Novice Class and on 11 March 1971, he was awarded the RVNGC w/ Bronze Star.

8. On 5 September 1971, while in a bar in Saigon, the applicant was shot in the arm during an altercation with local nationals. A Military Police Investigation conducted at the time indicates that the applicant and another soldier entered a bar in Saigon shortly after midnight and ordered drinks. They were informed at the time that the bar was closed. The applicant and the other soldier again ordered drinks and were again told that the bar was closed. At this time the other soldier went behind the bar and poured two drinks. When he attempted to take the drinks he was struck by three unknown Vietnamese and was knocked to the floor. He stated that while the scuffled ensued, he heard two or three gunshots and then the applicant hollered that he was hit. They exited the bar, flagged down a car and went to the 3^rd Field Hospital.

9. The applicant was evacuated to a hospital in Okinawa and then to Fort Hood, Texas, where he was subsequently retired, by reason of temporary disability (70%) on 7 August 1972. On 29 February 1976, he was removed from the Temporary Disability Retired List (TDRL) and was transferred to the Permanent Disability Retired List.

10. The DD Form 214 issued to the applicant on 7 August 1972 indicates that he was awarded the Parachutist Badge – Novice Level, two overseas bars, the Good Conduct Medal and that he participated in three campaigns.

11. A review of his records also shows that he was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM) with three bronze service stars, the Republic of Vietnam Campaign Medal (RVNCM), the Good Conduct Medal (GCMDL), and the Parachutist Badge.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

13. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) for service in Vietnam during the period the applicant was assigned.

CONCLUSIONS:

1. While the evidence of record establishes that the applicant was in fact wounded in Vietnam, there is no evidence to substantiate his claim that he was wounded in action against the enemy. Although the applicant claims that the individuals involved were enemies, there is no evidence to suggest that such was the case.

2. The Military Police Report contained in his records shows that the applicant and another soldier went into a bar and when told that the bar was closed, the soldier who accompanied the applicant decided to help himself. It appears that his actions to take what he wanted precipitated the ensuing altercation and resulted in the applicant being shot. While his intervention may very well have saved the other soldier's life, injuries that occur in bar fights are not the type of injuries that the Purple Heart is intended to recognize. Accordingly, the Board finds no basis to award him a second award of the Purple Heart.

3. However, the evidence of record does show that he is entitled to awards of the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation.

4. Additionally, he was awarded the Bronze Star Medal with "V" Device, the Purple Heart, the Parachutist Badge, the RVNGC w/Bronze Star, the VSM with three bronze service stars, the Vietnamese Parachutist Badge – Novice Level (depicted as Parachute Badge Novice Level on his DD Form 214), the NDSM, and the RVNCM that should be reflected on his DD Form 214.

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 awarding the individual concerned the RVNGC w/Palm Unit Citation and RVNCAHM-FC and by showing on his DD Form 214 dated 7 August 1972, that he was awarded the Bronze Star Medal with "V" Device, the Purple Heart, the CIB, the Parachutist Badge, Vietnamese Parachutist Badge – Novice Class, the NDSM, and the VSM with three bronze service stars.












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

BOARD VOTE:

___ls____ ___rw___ __clg ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Luther L. Santiful_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086676
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/08/05
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 189	110.0000/corr 214
2.
3.
4.
5.
6.