PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 November 2003
         DOCKET NUMBER: AR2003088248


         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. Arthur A. Omartian		Chairperson
Mr. Ronald E. Blakely		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 award of the Purple Heart.

3. The applicant states that he was wounded on 20 December 1967 while serving as a radio transmitter operator in an infantry company in Vietnam. He states that the unit was enduring a “human wave” attack, that he was struck in the buttocks by shrapnel, and that the commander told him (the applicant) to go to the hospital, but he (the applicant) refused to go because of the ensuing battle. He claims to still have problems as a result of the wound and feels he earned the Purple Heart as a result of this incident.

4. The applicant’s military records show that he enlisted in the Army on 9 January 1967 for a period of two years. He completed basic and advanced individual training, where he trained in Military Occupational Specialty (MOS) 11B10 (Light Weapons Infantryman). The applicant was then assigned to Vietnam, where he served as a rifleman (MOS 11B20) in the 4th Battalion, 9th Infantry Division from 11 July 1967 to 10 July 1968. The applicant returned to the United States, serving at Fort Carson, Colorado until being honorably separated from active duty in pay grade E-4 on 20 December 1968.

5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, which was signed in his own hand, shows that he was awarded the Combat Infantryman Badge, the Vietnam Service Medal with one bronze service star, the National Defense Service Medal, and the Vietnam Campaign Medal. No other awards or decorations are listed.

6. There are no medical documents in the available records that show that the applicant was wounded, or treated for wounds, as a result of hostile action and the applicant’s name is not listed on the Vietnam Casualty Roster.

7. There are no entries in item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) that show that the applicant was wounded as a result of hostile action.

8. 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.

9. 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 the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation during the period 30 April 1966 through 21 January 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971 and for the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period April 1966 through August 1968 by DAGO 48, dated 1971.

10. 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. The appendix shows that the applicant is entitled to wear one bronze service star for each the following Vietnam campaigns: Vietnam Counteroffensive, Phase III; Tet Counteroffensive; Vietnam Counteroffensive, Phase IV; and Vietnam Counteroffensive, Phase V.

11. Headquarters, US Army Training Center, Infantry, Fort Benning, Special Orders Number 51, dated 2 March 1967, announced award of the Sharpshooter Marksmanship Badge, with Rifle Bar, to the applicant.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed 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.

13. 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.

14. 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.



CONCLUSIONS:

1. The applicant authenticated his DD Form 214, which did not show award of the Purple Heart for wounds sustained in action. 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 that awarded the applicant the Purple Heart.

2. Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart.

3. 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 9 January 1967 through 20 December 1968. Therefore, he is entitled to correction of his records to show this award.

4. General Orders show that the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. Therefore, he is entitled to correction of his records to show these unit awards.

5. Evidence of record shows that the applicant received the Vietnam Service Medal and participated in 4 campaigns. As a result, the applicant is entitled to award of 3 additional bronze service stars, to be affixed to the Vietnam Service Medal, and correction of his records to show these appurtenances.

6. Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Badge, with Rifle Bar. Therefore, he is entitled to correction of his records to show this badge.

7. 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:

         a. the first award of the Good Conduct Medal for the period 9 January 1967 through 20 December 1968;

b. the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation;

c. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;
d. three additional bronze service stars, to be affixed to the Vietnam Service Medal; and

e. the Sharpshooter Marksmanship Badge, with Rifle Bar.

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

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___________Arthur A. Omartian____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088248
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031103
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.