PROCEEDINGS


         IN THE CASE OF
        

         BOARD DATE: 13 November 2003
         DOCKET NUMBER : AR2003088930

         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. Yvonne J. Foskey		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Ms. Eloise C. Prendergast		Member
Mr. Ronald E. Blakely		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 is entitled to the PH for an injury he received while serving on active duty in the Republic of Vietnam (RVN). He further states that shrapnel metal was found in his left foot, as evidenced by a medical examination conducted at the John L. McClellan Veterans Administration (VA) Hospital, Little Rock, Arkansas. In support of his application, he provides copies of x-rays of his foot and a record of the October 2002 VA medical examination.

4. The applicant’s military records show that he entered active duty in the Army on 15 May 1967. He was trained in, awarded, and served in military occupational specialty (MOS) 71B (Clerk Typist) and the highest rank he attained while serving on active duty was specialist five (SP5).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he completed two tours of duty in the RVN. The first tour was from 22 November 1967 through 19 November 1968, and the second tour was from 11 July 1969 through 19 April 1970. During both tours, he served with the Psychological Operations Advisory Team (AT44), United States Military Assistance Command, Vietnam (USMACV).

6. Item 40 (Wounds) of the applicant’s DA Form 20 is blank and contains no entry indicating that he was ever wounded or injured as a result of hostile action during either of his tours in the RVN. Item 41 (Awards and Decorations) shows that he earned the following awards during his tenure on active duty: National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Joint Service Commendation Medal (JSCM); Republic of Vietnam Campaign Medal (VCM); Bronze Star Medal (BSM); 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 8 December 1969, the applicant was honorably separated from active duty under the provisions of section VII, chapter 5, Army Regulation 635-200.
At the time of his separation, he held the rank of SP5 and he had completed a total of 2 years, 11 months, and 6 days of active military service. The separation document (DD From 214) issued to him at the time contains a list of awards he had earned during his active duty tenure. This list includes the NDSM, VSM, VCM, BSM, and JSCM. 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. 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 for the wound or injury received in action, and must have been made a matter of official record.

10. 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 RVN, a silver service star is used lieu of five bronze service stars to denote participation in five campaigns.

11. Table B-1 of the awards regulation provides guidance on campaigns, service requirements, and inscriptions prescribed for streamers. It shows that based on the dates he served his two tours in the RVN, the applicant was credited with participation in the following seven campaigns: Vietnam Counteroffensive Phase III; TET Counteroffensive 1968; Vietnam Counteroffensive Phase IV; Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; 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 applicant’s claim of entitlement to the PH and the supporting medical evidence he submitted were carefully considered. However, 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.

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2. 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. Item 40 of his DA Form 20 is blank and his name is not included in the official DA list of casualties contained on the Vietnam Casualty Roster. Thus, absent any evidence to corroborate that his foot injury was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.

3. During its review of this case, it was determined that the applicant is entitled to awards that were not included in his record or on his separation document. Based on his service and campaign participation in the RVN, the applicant is entitled to 1 silver service star and 2 bronze service stars with his VSM and to the Republic of Vietnam Gallantry with Palm Unit Citation. As a result, it would be appropriate to add these awards to his record at this time.

4. 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 is entitled to 1 silver service star and 2 bronze service stars with his Vietnam Service Medal and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation documents that includes these awards.

2. That so much of the application as pertains to the award of the Purple Heart be denied.

BOARD VOTE:

_ _ECP___ __REB__ _AO____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088930
SUFFIX
RECON
DATE BOARDED	2003/11/13
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1970/04/20
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	Chapter 5
BOARD DECISION	Partial
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.