PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 October 2003
         DOCKET NUMBER: AR2003087527


         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 V. O’Connor, Jr.		Chairperson
Mr. Robert J. Osborn		Member
Ms. Eloise C. Prendergast		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 for an injury that he sustained in the Republic of Vietnam on 11 November 1968.

3. The applicant states, in effect, that he sustained multiple fragment wounds on 11 November 1968 while serving in the Republic of Vietnam when an 8 mm rocket accidentally exploded. As a result of these injuries, he was hospitalized in the 36th Evacuation Hospital for 17 days.

4. The applicant submitted a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and forty-nine other documents related to his medical history and the medical treatment he received resulting from his accidental injuries.

5. The applicant’s military records show that the applicant was inducted into the Army of the United States on 20 March 1968. He received his basic combat and his advanced individual training at Fort Benning, Georgia. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11C, Infantry Indirect Fire Crewman.

6. On 17 June 1968, the applicant qualified marksman with the M-16 automatic rifle. He was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar in Special Orders Number 165, paragraph 21, published by Headquarters, US Army School/Training Center and Fort McClellan, Fort McClellan, Alabama, dated 9 July 1968.

7. On 21 June 1968, the applicant qualified as a Second Class Gunner [now known as Marksman] with the M-60 Machinegun. He was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar in Special Orders Number 178, paragraph 31, published by Headquarters, US Army School/Training Center and Fort McClellan, dated 23 July 1968.

8. On 27 July 1968, the applicant departed Fort Benning en route to Vietnam. He arrived in the Republic of Vietnam on 1 September and was assigned to Troop F, 2nd Squadron, 11th Armored Cavalry Regiment, on 7 September 1968. He was reassigned within the squadron to Troop C, on 8 June 1969 and remained with that unit until his return to the United States and assignment to Fort Lewis, Washington.

9. There is no entry in Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) to show that he was wounded in action against a hostile force. 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

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Heart and the applicant's name does not appear on the Vietnam Casualty List.

10. Among the document that the applicant provided in support of his request is a copy of a DD Form 640, Nursing Notes. The DD Form 640 shows that the applicant was admitted to the 36th Evacuation Hospital at about 1000 hours on 11 November 1968 for multiple fragmentation wounds of the face, his right arm and right hand. In Column 2 of the form, is the following entry: "Pt sustained injuries in accident near Black Horse. 8 mm rocket exploded."

11. Also included among the documents that the applicant submitted is a copy of a DA Form 8-275-3, Clinical Record Cover Sheet, dated 28 November 1968. Item 23 (Diagnosis) has the following entry, "AI – OA [abbreviations unknown] 0600 hrs., 11 Nov 68, pnt was injured when a canister round blew up near Camae, RVN."

12. The applicant was honorably released from active duty in the rank and pay grade of Specialist 4, E-4, on 19 March 1970, at the expiration of his term of service. On his release from active duty, he had a total of 2 years active Federal service with no time lost. The applicant's DD Form 214 shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

13. Army Regulation (AR) 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 service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

14. 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: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

15. AR 600-8-22, paragraph 2-8b(5) gives examples of injuries or wounds which clearly do not qualify for award of the Purple Heart and includes, "(g) Accidents, to include explosives, aircraft, vehicular, and other accidental woundings not related to or caused by enemy action."

16. This same regulation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity

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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.

17. There is no evidence in the applicant's service records that his unit commander disqualified him from award of the Good Conduct Medal. The applicant consistently had "Excellent" conduct and efficiency ratings throughout his active duty service. He was awarded the Combat Infantryman Badge in combat in Vietnam and there is no record of nonjudicial punishment and no evidence of lost time in the applicant's service personnel records.

18. On 24 August 1969, the applicant was recommended for promotion to the rank and pay grade, Sergeant, E-5, in the MOS 11C, while in Vietnam. He remained on the promotion list and was integrated onto the promotion list at Fort Lewis on his reassignment to that station.

19. Army Regulation 600-8-22, 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.

20. The applicant served in the Republic of Vietnam from 1 September 1968 through 26 August 1969 and participated in the following four campaigns: the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; the Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969; and the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969.

21. 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, the 11th Armored Cavalry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 May 1969 through 15 February 1970 by Department of the Army General Order Number 50, dated 1971. The applicant's DD Form 214 does not show this award as an authorized award. This award was made to his unit after he had been released from active duty.

CONCLUSIONS:

1. To be awarded the Purple Heart, the applicant would have to show that he was wounded and that: (1) the wound was the result of hostile action; (2) the

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wound required medical treatment; and (3) the medical treatment was made a matter of official record. There is no evidence to conclude that the applicant was wounded as a result of hostile action, the injuries that the applicant sustained were the result of, in the applicant's own assessment, an accident. The applicant is therefore not entitled to award of the Purple Heart.

2. The applicant served with, the 11th Armored Cavalry Regiment during the period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant's DD Form 214 does not show this award as an authorized award because it was awarded to his unit after he had been released from active duty. It would be appropriate to add this unit award to his DD Form 214 at this time.

3. Orders on file in the applicant's personnel records show that the applicant qualified as marksman with the M-16 Automatic Rifle and the M-60 Machinegun. These badges are not shown on his DD Form 214 and it would therefore be in the interest of justice to add them to this document now.

4. The Board noted that the applicant consistently had "Excellent" conduct and efficiency ratings throughout his active duty service. He was awarded the Combat Infantryman Badge and had attained eligibility for promotion to the rank and pay grade, Sergeant, E-5, while in Vietnam. He was integrated onto the E-5 Promotion List on his assignment at Fort Lewis. There is no record of nonjudicial punishment and no evidence of lost time in the applicant's service personnel records. Based on this exemplary service, the Board feels that he is entitled to award of the Good Conduct Medal and to have it added to his DD Form 214.

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

RECOMMENDATION:

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

         a. awarding the applicant the Good Conduct Medal for the period 20 March 1968 through 19 March 1970;

         b. awarding the applicant four bronze service stars to be worn on his already-awarded Vietnam Service Medal;

         c awarding the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

         d. adding the already awarded Marksman Marksmanship Qualification Badge with Automatic Rifle Bar and the Marksman Marksmanship Qualification Badge with Machinegun Bar to Block 24 of his DD Form 214.

2. That so much of the application as is in excess of the foregoing, that he be awarded the Purple Heart for injuries he received in an accident in Vietnam on 11 November 1968, be denied.

BOARD VOTE:

__rjo ___ __ecp ___ __rvo___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor, Jr._
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087527
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/10/09
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.