PROCEEDINGS


         IN THE CASE OF.
        

         BOARD DATE: 25 September 2003
         DOCKET NUMBER: AR2003088872

         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. John N. Slone		Chairperson
Ms. Regan K. Smith		Member
Mr. Linda D. Simmons		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 was never awarded the PH for shrapnel wounds he received to his lower back on 17 January 1968, while serving in the Republic of Vietnam (RVN). He states that his medical records will verify that he was initially treated for these fragment wounds on 17 January 1968, and that he received additional medical treatment on 20 January 1968. In support of his application, he submits a copy of his separation document (DD Form 214) and a Chronological Record of Medical Care (Standard Form 600).

4. The applicant’s military records show that that he was inducted into the Army and entered active duty on 21 June 1967. He was trained and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman), and he was honorably released from active duty (REFRAD) on 20 June 1969.

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 23 November 1967 to 17 November 1968. It also shows that while serving in the RVN, he was assigned to Company B, 1st Battalion,
27th Infantry Regiment, and that he performed duties in MOS 11B. Item 40 (Wounds) is void of any entry indicating that he was wounded or injured in action.

6. The applicant’s Military Personnel Records Jacket (MPRJ) has no orders or other documents on file that show he was ever wounded or injured in action, or that he was recommended for or awarded the PH. His MPRJ is also void of any derogatory information or of a disqualification by any of his active duty unit commanders that would prohibit him from receiving the Army Good Conduct Medal (AGCM).

7. The DD Form 214 issued to and signed by the applicant on the date of REFRAD shows that during his active duty tenure he earned the following awards: National Defense Service Medal; Combat Infantryman Badge; Vietnam Service Medal; RVN Campaign Medal with 60 Device; and Expert Marksmanship Qualification Badge with Rifle and Machine Gun Bars.

8. The medical treatment record provided by the applicant confirms that he was treated for small fragment wounds to his lower back at a battalion aid station in the RVN on 17 January 1968, and that he received follow-up treatment for these wounds on 20 January 1968.

9. In the processing of this case a staff member of the Board reviewed the Department of the Army (DA) Vietnam Casualty Roster and the applicant’s name does not appear on the roster.

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10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains guidance on awarding the PH. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

11. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN. Table B-1 lists all campaigns and it confirms that during
the applicant’s assignment tenure in the RVN, he was credited with participation
in the following four campaigns: Vietnam Counteroffensive Phase III;
TET Counteroffensive 1968; Vietnam Counteroffensive Phase IV; and
Vietnam Counteroffensive Phase V.

12. Chapter 4 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.

13. 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 publication confirms that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment in the RVN.

CONCLUSIONS:

1. The Board notes the applicant’s contention that his military record should be corrected to show he earned the PH, and it finds this claim has merit. By regulation, in order to receive a PH a member must have been wounded in action, treated for the wound by military medical personnel, and this treatment must have been made a matter of official record.

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2. While the medical evidence provided by the applicant does not specifically indicate the “small fragment wound” to his back was a result of hostile action, the Board notes that the applicant was an infantryman, assigned to an infantry element and was awarded the CIB. In the absence of evidence to the contrary, the Board concludes that fragment wound likely resulted from a combat situation that the applicant was exposed to as a result of being assigned to an infantry unit involved in hostile actions. As such, the Board concludes that it would be appropriate and in the interest of justice to award the applicant the PH based on his wound received on 17 January 1968.

3. Further, lacking any derogatory information on file or a specific disqualifying action from any of his active duty unit commanders that would preclude him from receiving the award, the Board finds that the applicant served a qualifying period of honorable active duty service from 21 June 1967 to 20 June 1969 that entitles him to receive the first award of the AGCM.

4. The Board also finds that the applicant’s service and campaign participation in the RVN entitles him to 4 bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Thus, it concludes that it would also 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.

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RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by awarding him the Purple Heart and Army Good Conduct Medal; by showing he is entitled to 4 bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that reflects these changes.

BOARD VOTE:

_JS__ __LDS___ __RKS_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  JOHN N. SLONE
                  CHAIRPERSON

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INDEX

CASE ID	AR200388872
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 61	107. 0015
2.
3.
4.
5.
6.