PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 October 2003
         DOCKET NUMBER: AR2003087713


         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. Richard P. Nelson		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Shirley L. Powell		Member
Mr. Robert L. Duecaster		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 as a result of exposure to Agent Orange while serving in the Republic of Vietnam (RVN).

3. The applicant states that he “needs reimbursement from monies taken out for MEDICARE.”

4. The applicant’s military records show that he was inducted in the Army on 28 July 1965. He completed basic combat and advanced individual training in military occupational specialty (MOS) 16E10, Hawk Missile Crewman. The applicant served at Fort Bliss, Texas, then was assigned to RVN where he served in 6th Battalion, 56th Artillery Brigade from 30 May 1966 to 29 May 1967. He was honorably discharged on 30 May 1967 in pay grade E-4. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), authenticated in the applicant’s own hand, shows that he received the following decorations, badges, and campaign ribbons: the Vietnam Service Medal; the National Defense Service Medal; and, the Vietnam Campaign Medal.

5. Item 24 of the applicant’s DD Form 214 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart. The applicant’s name does not appear on the Vietnam Casualty Roster. Block 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not indicate any wounds incurred in combat.

6. Army Regulation 600-8-22 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.

7. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

8. In a 23 June 1989 Memorandum, the Deputy Chief of Staff opined that since Agent Orange was employed by United States Forces in Vietnam as a chemical defoliant, and not by the enemy, its use cannot be construed as a hostile action on the part of the enemy.

9. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his years of qualifying service and there is no indication of any disciplinary action being taken against him in his service personnel records.

10. Army Regulation 600-8-22 (Military Awards) 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.

11. The Board noted the absence of any unit awards in the applicant’s service records. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units that served in the Vietnam War. This document shows the unit to which the applicant was assigned, was cited for award of Meritorious Unit Commendation during the period November, 1965 through June, 1966 by Department of the Army General Orders Number 17, dated 1968.

12. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

CONCLUSIONS:

1. The applicant authenticated his DD Form 214, which did not show award of the Purple Heart. There are no medical records that show the applicant was wounded, or treated for wounds, as a result of hostile action. There are no orders which awarded the applicant the Purple Heart. Exposure to Agent Orange would not qualify for award of the Purple under existing, or preexisting, criteria which is based upon wounds resulting from hostile action on the part of the enemy. The Purple Heart is not an appropriate means of compensating those who fail to receive compensation or other tangible benefits as a result of filing claims. Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart.

2. Since there is no evidence that the applicant was disqualified for the Good Conduct Medal at any time during his first enlistment, he is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service from 28 July 1965 through 30 May 1967. Therefore, he is entitled to correction of his records to show this award.

3. General Orders show that the applicant’s unit was cited for award of the Meritorious Unit Commendation while he was assigned to the unit. Therefore, he is entitled to correction of his records to show this unit award.

4. General Orders show that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm. Therefore, he is entitled to correction of his records to show this unit award.

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 showing that the individual concerned was awarded the first award of the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm, and the Meritorious Unit Commendation.

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

BOARD VOTE:

___fne___ ____slp_ ____rld__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Fred N. Eichorn_____________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087713
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031007
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.