PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 September 2003
         DOCKET NUMBER: AR20003088882

         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. Shirley L. Powell		Chairperson
Mr. Walter T. Morrison		Member
Mr. Thomas A. Pagan		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 his medical records incorrectly indicate that he fell through a skylight at Iwo Jima. He states the he never saw a skylight while serving in the Republic of Vietnam (RVN), and that Iwo Jima was part of a war that took place before he was born. He claims that he was wounded in combat east of Saigon in the RVN and medically evacuated to the 3rd Field Hospital in Saigon on 8 March 1970. He claims that there were a lot of wounded soldiers and much confusion at the hospital the day he was there, and his application for the PH was denied because of an error in his medical records. He states that it is unjust to deny him the PH based on this error.

4. The applicant’s military records show that he entered active duty in the Army on 8 May 1967. He was trained and served in military occupational specialty (MOS) 72B (Teletype Operator) and the highest rank he attained while serving on active duty was specialist four (SP4).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 26 April 1969 through 8 April 1970, and he was assigned to the United States Army Strategic Communications Command, Regional Communications Group, RVN, performing duties in MOS 72B as a communications center specialist. Item 40 (Wounds) is blank and contains no entry indicating that he was ever wounded or injured as a result of hostile action.

6. Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that he earned the following awards during his tenure on active duty: National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Republic of Vietnam Campaign Medal (RVNCM) with 60 Device; Army Good Conduct Medal (AGCM); Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and
2 Overseas Bars. His Military Personnel Records Jacket (MPRJ) contains no orders or other documents showing that he was ever wounded or injured in action, or that he was ever recommended for or awarded the PH.

7. On 7 April 1970 the applicant was honorably released from active duty by reason of early release of overseas returnee. At the time of his separation he held the rank of SP4 and he had completed a total of 2 years and 11 months of active military service. The separation document (DD Form 214) issued to him on the date of separation contains a list of awards he earned during his active duty tenure. This list includes the NDSM, VSM, RVNCM, and AGCM. The applicant authenticated the DD Form 214 with his signature on the date of his separation.

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8. In connection with the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster, which contains the names of those soldiers wounded or injured in action in the RVN. The applicant’s name was not included in this DA list of soldiers who were reported as RVN battle casualties.

9. The applicant provides a copy of a medical treatment record (SF 600) that confirms he was treated at the 3rd Field Hospital in the RVN on 8 March 1970. This medical treatment record shows that he was treated for an injury he received as a result of falling through a skylight. It contains no indication that the injury for which he was treated was combat related and/or that it was received as a result of or caused by hostile action.

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria 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 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 the Vietnam, Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Table B-1 provides guidance on campaigns, service requirements, and inscriptions prescribed for streamers. It shows that based on the dates the applicant served in the RVN, he was credited with participation in the following three campaigns: TET 69 Counteroffensive; Vietnam Summer-Fall 1969; and Vietnam Winter-Spring 1970.

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

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to the PH. However, it finds insufficient evidence to support this claim.

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2. By regulation, in order to award the PH it is necessary to establish that a soldier was wounded in action, that the wound required treatment by a medical officer, and that the record of medical treatment must have been made a matter of official record.

3. The Board considered the applicant’s claim that Iwo Jima took place before he was born and that he never saw a skylight while he was serving in the RVN, which proves that were errors in the medical treatment record and as a result he should receive the PH.

4. In the opinion of the Board, given the medical record in question was prepared at the 3rd Field Hospital in the RVN on 8 March 1970, there is no reason to believe that the reference to Iwo Jima was in anyway connected to the World War II battle island location. Further, it has no reason to doubt the validity of the circumstances of the injury entered on this medical treatment record.

5. The evidence of record provides no confirmation that the applicant was ever wounded in action or that he was ever treated for a wound or injury received in action, and his name is not included in the official DA Casualty Roster. Thus, absent any evidence to corroborate the applicant’s claim that his injury was the result of enemy action, the Board finds evidentiary basis to support the applicant’s claim of entitlement to the PH.

6. During its review of this case, the Board did find that based on his campaign participation and service in the RVN, the applicant is entitled to 3 bronze service stars with his Vietnam Service Medal and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Thus, the Board concludes that it would be appropriate to add these awards to his record at this time.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is entitled to 3 bronze service stars with his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that reflects these awards.

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

BOARD VOTE:

WTM___ __TAP__ __SLP __ GRANT AS STATED IN RECOMMENDATION

________ ________ _______ GRANT FORMAL HEARING

___ __ __ __     DENY APPLICATION




                  Shirley L. Powell
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088882
SUFFIX
RECON
DATE BOARDED	2003/09DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1970/04/07
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	OS Returnee
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.