PROCEEDINGS


         IN THE CASE OF
        

         BOARD DATE: 16 October 2003
         DOCKET NUMBER: AR2003089062

         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. Arthur A. Omartian		Chairperson
Mr. Hubert O. Fry		Member
Ms. Mae M. Bullock		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.

---

2. The applicant requests, in effect, that his military records be corrected to show award of the Purple Heart (PH).

3. The applicant states, in effect, that his separation document (DD Form 214) should be amended to add the PH he received. In support of his application, he submits a copy of his DD Form 214 and a Western Union Telegram.

4. The applicant’s military records show that on 31 January 1968, he was inducted into the Army for period of 2 years. He was trained and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank he attained while serving on active duty was specialist four (SP4). It also confirms that he served in the Republic of Vietnam (RVN) from 20 March 1969 through 23 January 1970 and that he was assigned to B Company, 5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade, performing duties in MOS 11B.

6. Block 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that during his tenure on active duty he earned the following awards: National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Combat Infantryman Badge (CIB); and RVN Campaign Medal (RVNCM) with 60 Device.

7. On 23 January 1970, the applicant was honorably released from active duty after completing a total of 1 year, 11 months, and 23 days of active military service. At the time, he held the rank of SP4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards he earned during his active duty tenure: NDSM; VSM; RVNCM with 60 Device; CIB; Parachutist Badge; and Expert Marksmanship Qualification Badge with Rifle Bar.

8. The applicant’s Military Personnel Records Jacket (MPRJ) is void of derogatory information that would have disqualified the applicant from receiving the Army Good Conduct Medal (AGCM) or of any indication that he was ever disqualified from receiving the AGCM by any of the active duty unit commanders for whom he served.

9. The applicant submits a copy of a Western Union Telegram from The Adjutant General (TAG), Department of the Army (DA), dated 13 April 1969. This document confirms that the applicant’s mother was notified that he was wounded in action in the RVN on 12 April 1969, when he received a fragment wound to his left side while on a combat mission. It also verifies that the applicant was hospitalized and treated for this wound in the RVN.

---

10. In connection with the processing of this case, a member of the Board staff reviewed the DA Vietnam Casualty Roster. The applicant’s name was included on this official list of RVN casualties. The entry confirms that he was wounded in action on 12 April 1969, while serving in the RVN and that he received medical treatment for a fragment wound to the left side .

11. 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. Paragraph 2-8b defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy. It also specifically states that 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.

12. Paragraph 2-13 of the awards regulation contains guidance on awarding the VSM 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.

13. Table B-1 of the awards regulation lists all campaigns and confirms that during his assignment tenure in the RVN, the applicant participated in the following three campaigns: TET 69 Counteroffensive; Vietnam Summer-Fall 1969; and Vietnam Winter-Spring 1970.

14. 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.

---

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This document confirms that during his assignment tenure in the RVN, the applicant’s unit received the RVN Gallantry Cross with Palm Unit Citation.

CONCLUSIONS:

1. The Board notes the applicant’s claim of entitlement to the PH, and it finds this claim has merit. By regulation, in order to award the PH an individual must have sustained a wound or injury in action, the wound or injury must have been treated by military medical personnel, and a record of this medical treatment must have been made a matter of official record.

2. Although the applicant’s personnel record is void of any indication that he was wounded in action, the Board finds sufficient evidence that corroborates his claim of entitlement to the PH. The Western Union Telegram provided by the applicant confirms that he was categorized as a combat casualty by The Adjutant General of the Army. Further, confirmation that the applicant was wounded in action and treated for this wound is provided by an entry on the official DA Vietnam Casualty Roster. Therefore, the Board finds the regulatory burden of proof necessary to support the award of the PH has been satisfied in this case, and it would be appropriate to award the applicant the PH and to add this award to his record at this time.

3. 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 honorable active duty service from 31 January 1968 through
23 January 1970 that entitles him to receive the first award of the AGCM. Thus, it concludes that it would also be appropriate to award to him the AGCM at this time.

4. Further, the applicant’s record confirms that based on his campaign participation and service in the RVN, the applicant is entitled to 3 bronze service stars with his VSM and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, it finds these awards should also be added to his record.

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

---

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, for being wounded in action on 12 April 1969, while serving as a SP4 in the RVN; by awarding him the first award of the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 31 January 1968 through 23 June 1970; by showing that based on his service and campaign participation in the RVN, he is entitled to 3 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 document that reflects these awards.

BOARD VOTE:

_MB___ ___HOF__ ___AO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Arthur A. Omartian
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003089062
SUFFIX
RECON
DATE BOARDED	2003/10/16
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1970/01/23
DISCHARGE AUTHORITY	AR635-200
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	61. 107.0015
2.
3.
4.
5.
6.