PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 November 2003
         DOCKET NUMBER: AR2003088456


         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
Ms. Rosa M. Chandler		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 that his records be corrected to show award of the Purple Heart (PH).

3. The applicant states, in effect, that in February or March 1966 while on long-range reconnaissance patrol, he was wounded in both forearms and his right leg as a result of enemy mortar shrapnel. Initially, field medics treated him, however, upon return to camp at An Khe, Vietnam, his wounds were treated and he received fresh bandages. He submits in support of his request: a copy of his Department of Veterans Affairs (DVA) Compensation and Pension Examination, dated 8 October 1997, which determined the small white scars over both of his forearms are residuals of shrapnel fragment wounds (SFW); a DVA Rating Decision, dated 10 September 2002, which shows his combined disability rating equals 70% as of 6 May 2002, due posttraumatic stress disorder, bilateral hearing loss and tinnitus, and that he has a zero percent disability rating for shrapnel wound scars to both forearms.

4. The applicant also provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a DA Form 1577 (Authorization for Issuance of Awards); two photographs that show a male Caucasian soldier in a sitting position with his right hand bandaged; an envelope that is postmarked 10 March 1966; and a copy of a letter that he contends he wrote to his family from Vietnam. He states in the letter that an infection in his hand and leg are finally getting better.

5. The applicant’s military records show that he was inducted into the Army of the United States on 16 June 1965. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He was assigned to Vietnam and he served with Troop D, 1st Squadron, 9th Calvary, 1st Cavalry Division (Airmobile) from 22 November 1965-21 November 1966 when he left Vietnam and returned to the United States. On 1 January 1967, he was assigned to Fort Hood, Texas.

6. Special Orders Number 185, dated 29 September 1965, awarded the applicant the Expert Marksmanship Badge (Pistol .45 Caliber) and Special Orders Number 195, dated 14 October 1965, awarded the applicant the Expert Marksmanship Badge (Machine Gun, M60). Both orders are from the United States Army Training Center, Fort Knox, Kentucky.

7. The applicant's DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds) does not contain a comment. The applicant received a physical evaluation when he was separated and his Standard Form 88 (Report of Medical Examination), dated 14 June 1967, shows that he was determined to be qualified for separation and fails to note any wounds or injuries incurred due to hostile action. Item 39, (Modifying Body Marks, Scars, Tattoos) is annotated "Normal."

8. On 15 June 1967, the applicant was honorably released from active duty. His DD Form 214 shows that he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM) with two bronze service stars (BSS's), Vietnam Campaign Medal, Air Medal, Driver and Mechanic Badge with Driver Bar (W), Combat Infantryman Badge, and the Expert Marksmanship Badge (Rifle). It does not show award of the PH.

9. On 2 October 1984, the Reserve Components Personnel and Administration Center (RCPAC), St. Louis, Missouri, determined that in addition to the above awards, the applicant is authorized award of the Good Conduct Medal (GCMDL), an additional BSS for wear on the VSM, Vietnam Gallantry Cross with Palm Unit Citation Badge and the Expert Marksmanship Badge (Pistol and Machine Gun). However, his record does not contain a DD Form 215 (Correction to DD Form 214) to show these awards.

10. The staff of the Board thoroughly reviewed the historical files of Troop, D, 1st Battalion, 9th Calvary, 1st Cavalry Division that are located at the National Archives, College Park, Maryland. The records failed to show the applicant was authorized award of the PH; there was no documentation in unit records to show his wounding, nor were there unit orders to show that he was awarded the PH.

11. The Vietnam Casualty List, was also consulted and also failed to show the applicant's name.

12. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the GCMDL, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the PH 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.

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 wound required medical treatment; and (3) the medical treatment was made a matter of official record.

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2. The staff of the Board made every attempt to verify the applicant's entitlement to the PH, but was unsuccessful. The applicant's records (Enlisted Qualification Record, separation physical examination) do not show that he was wounded. Neither do unit records nor the Vietnam Casualty List. The DVA records created years after the fact, and photographs that show a bandaged hand, do not establish sufficient justification to award the PH.

3. There is no basis for granting the applicant's request; however, the applicant's DD Form 214 should be corrected to reflect those awards identified by RCPAC on 2 October 1984 as belonging to the applicant. They are the GCMDL, a third BSS for wear on his VSM, the Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Badge (Pistol .45 Caliber, and Machine Gun M60). It would now be appropriate to administratively correct his record to show these awards.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Item 25 that he was awarded, the GCMDL, three BSS's for wear on his VSM, the Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Badge (Pistol .45 Caliber, and Machine Gun M60).

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

BOARD VOTE:

__aao___ __reb___ __ecp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Arthur A. Omartian
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088456
SUFFIX
RECON
DATE BOARDED	20031113
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0056
3.
4.
5.
6.