PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 September 2003
         DOCKET NUMBER: AR2003088261

         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. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor .		Chairperson
Mr. Frank C. Jones		Member
Ms. Barbara J. Ellis		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 (PH).

3. The applicant states, in effect, that he lost his hearing when an enemy artillery round exploded near him. He claims that because of this hearing loss he incurred as a direct result of combat, he is requesting the PH. In support of his application, he submits three Medical Condition-Physical Profile Record
(DA Form 3349) forms and an Audiometric Evaluation Record.

4. The applicant’s military records show that he entered active duty in the Regular Army on 30 November 1967. He was trained and served in military occupational specialty (MOS) 11E (Armor Crewman) and he continuously served on active duty until being honorably separated on 27 November 1970.

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that
he served in the Republic of Vietnam (RVN) from 13 September 1968 to 8 August 1969 and that he participated in the following campaigns: Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; and TET 69 Counteroffensive. There is no entry in Item 40 (Wounds) and Item 41 (Awards and Decorations) does not include the PH in the list of earned awards.

6. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or documents indicating that he was ever recommended for or awarded the PH while he was serving in the RVN. The MPRJ is also void of derogatory information that would preclude him from receiving the Army Good Conduct Medal (AGCM), and it contains no documents that indicate he was ever disqualified from receiving this award by any of the active duty unit commanders for whom he served.

7. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s 27 November 1970
DD Form 214 lists the following awards: National Defense Service Medal; Vietnam Service Medal; RVN Campaign Medal with 60 Device; RVN Cross of Gallantry with Palm Unit Citation; and Combat Infantryman Badge.

8. The applicant’s MPRJ contains copies of medical treatment records that indicate that he was treated for hearing loss in 1969. However, they indicate
it was the result of his ears draining subsequent to his experiencing and being treated for a sore throat, chest cold, and headaches between January
and February 1969. On 10 October 1969, he was issued DA Form 3349 that awarded him a temporary 3 profile due to hearing loss. A separation physical examination on file shows he was awarded a permanent profile of 3 for a hearing loss. None of the medical treatment records contain any suggestion that this condition was the direct result of or caused by enemy action.

9. During the review of this case, the Department of the Army (DA) Vietnam Casualty Roster was reviewed to determine if the applicant was ever reported as a casualty while he was serving in the RVN. His name was not included in this official DA list of RVN casualties.

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force. A wound is defined as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.

11. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN. Table B-1 lists all campaigns, service requirements, and inscriptions for streamers. It confirms that during the period the applicant was assigned to the RVN, campaign participation credit was granted for the following three campaigns: Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; and TET 69 Counteroffensive.

12. Chapter 4 of the awards regulation provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years; however, in the case of the first award, the qualifying period is 1 or more years when it is awarded at the termination of a period of Federal military service. There is no automatic entitlement to the AGCM; however, disqualification must be justified.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to receive the PH for his loss of hearing that was the result of an artillery round exploding near him while he was serving in the RVN. However, it finds insufficient evidence to support this claim.

2. By regulation, the PH is authorized for personnel who are wounded or injured as a result of hostile action. In order to support awarding the PH, there must be evidence to show that the wound or injury for which the award was being made was the direct result of or caused by enemy action.

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3. The evidence of record contains no orders or documents indicating that the applicant was ever recommended for or awarded the PH while he was serving in the RVN. Further, the applicant’s name is not included in the official DA list of RVN casualties contained on the Vietnam Casualty Roster. Finally, the medical treatment records on file indicate that the hearing loss experienced by the applicant was the result of an illness, as opposed to being the result of or caused by enemy action. Therefore, the Board finds insufficient evidence to satisfy the regulatory burden of proof necessary to support the award of the PH.

4. Lacking any derogatory information on file and/or a specific disqualifying action from any of his active duty unit commanders that would preclude him from receiving the AGCM, the Board concludes that the applicant served a qualifying period of service that entitles him to receive the first award of the AGCM. In addition, his record confirms that during his assignment tenure in the RVN, he participated in 3 campaigns. As a result, he is entitled to 3 bronze service stars with his Vietnam Service Medal. Therefore, the Board concludes that it would be appropriate to add these awards to his record at this time.

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 for the individual concerned be corrected by awarding him the first award of the Army Good Conduct Medal, for his qualifying period of honorable service from
30 November 1967 to 27 November 1970; by showing he is entitled to 3 bronze service stars with his Vietnam Service Medal; and by providing him a corrected separation document that includes these awards.

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

BOARD VOTE:

__FCJ___ __BJE__ ___RO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O’Connor
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088261
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR . .
DISCHARGE REASON
BOARD DECISION	Partial Relief
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2.
3.
4.
5.
6.