PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 October 2003
         DOCKET NUMBER: AR2003089170


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Arthur A. Omartian		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 he be awarded the Purple Heart.

3. The applicant states, in effect, that he was unaware that he was eligible for award of the Purple Heart until he had a conversation with an officer of the Department of Veteran Affairs. That officer informed him that the events that occurred during the applicant's tour in Vietnam should qualify him for the Purple Heart.

4. The applicant submitted a self-authored statement with his DD Form 149, Application for Correction of Military Record, in which he includes names and identification numbers of individuals whom he states were aware of his being wounded in action. In this same statement, the applicant adds that he was wounded on 22 May 1967 while he was traveling through the jungle to a firefight. He was allegedly hit by a potato masher grenade that was hanging in a tree. He asserts that he received shrapnel in his right shoulder, neck and left leg. Being a secondary medic, he was able to tend to his own wounds.

5. The applicant’s military record shows that he was inducted into the Army of the United States on 10 November 1965. He received his basic combat training at Fort Hood, Texas, and his advanced individual training at Fort Meade, Maryland. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11D, Armor Intelligence Specialist.

6. The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) by Special Orders Number 14, dated 14 January 1966, published by Headquarters, 2nd Armored Division, Fort Hood, Texas. This badge is not shown in Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

7. The applicant was assigned to B Troop, 1st Squadron, 11th Armored Cavalry Regiment, Fort Meade, Maryland, and was reassigned to Vietnam as part of a unit permanent change of station. The applicant arrived in Vietnam with his unit on 20 August 1966.

8. While in the Republic of Vietnam, the applicant participated in the following two campaigns: the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; and the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968.

9. The applicant was awarded an Army Commendation Medal, with "V" Device for heroism in connection with military operations, on 30 April 1967, by General Orders 5816, Headquarters, 1st Infantry Division, dated 9 August 1967. This award is not shown in Block 24 of the applicant's DD Form 214.

10. The applicant's name does not appear on the Vietnam Casualty List. There is no entry in Item 40 (Wounds) of the applicant's DA Form 20, Enlisted Qualification Record, to show that he was wounded in action against a hostile force. Item 41 (Awards and Decorations), DA Form 20, is also void of an entry indicating that a Purple Heart was awarded while the applicant served in Vietnam. There are no orders in the applicant's military personnel records awarding him the Purple Heart. The applicant's medical records were not available for the Board to review.

11. The applicant was awarded an individual award of the Republic of Vietnam Gallantry Cross, with Bronze Star. Authorization to accept and wear this individual foreign award was approved by Headquarters, US Army Vietnam, on 1 January 1969. This individual foreign award does not appear on the applicant's separation document because approval to accept and wear this individual award was given after the applicant had been released from active duty.

12. The applicant was honorably released from active duty on 20 August 1967 in the rank and pay grade, Sergeant, E-5. On his release from active duty, he had a total of 1year, 9 months, and 11 days active Federal service with no lost time. The applicant's DD Form 214, in Block 24, shows that he was awarded the following: the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.

13. Army Regulation (AR) 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

14. The above regulation provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that, a) the wound was the result of hostile action; b) the wound required medical treatment; and c) the medical treatment was made a matter of official record.

15. This same regulation authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

16. AR 600-200, chapter 9, the authority for making entries on the DA Form 20, in force at the time of the applicant's service, is quoted as follows: "9-53. Wounds (Item 40). Enter a brief description of wounds or injuries (including injuries from gas) requiring medical treatment, received through hostile enemy action, including those requiring hospitalization. Enter the date wounded or injured."

17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by unit serving in Vietnam. This document shows that the unit the applicant served with, B Troop, 1st Squadron, 11th Armored Cavalry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 7 September 1966 through 10 August 1968 by Department of the Army General Orders (DAGO) Number 60, dated 1969. The unit was also awarded the Presidential Unit Citation for the period from 21 November through 2 December 1966 by DAGO Number 45, dated 1969.

18. AR 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

CONCLUSIONS:

1. To be awarded the Purple Heart, the applicant would have to show that he was wounded and that: (a) the wound was the result of hostile action; (b) the wound required medical treatment; and (c) the medical treatment was made a matter of official record. There is no evidence, and the applicant has provided none, that supports his assertion that he was wounded in the right shoulder, neck and left leg, while he was in Vietnam; therefore, the Board has determined that there is insufficient evidence upon which to base award of the Purple Heart to the applicant at this time.

2. The applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations in Vietnam on 30 April 1967 and an individual award of the Republic of Vietnam Gallantry Cross with Bronze Star. These awards are not shown on the applicant's DD Form 214.

3. The applicant was present and participated in two campaigns during his tour of duty in the Republic of Vietnam; therefore, he is entitled to two bronze service stars to be awarded and affixed to his already-awarded Vietnam Service Medal.

4. The applicant served with a unit during the period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation. The applicant's DD Form 214 does not show these awards as authorized awards because they were awarded after he had been released from active duty. It would be appropriate to add these unit awards to his DD Form 214 at this time.

5. The applicant was awarded the Expert Marksmanship Qualification Badge with (M-14) Rifle. This badge is not shown on the applicant's DD Form 214. It would be appropriate to add this badge to his DD Form 214 at this time.

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

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by:

         a. awarding the applicant the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to denote his participation in two campaigns while he served in Vietnam to be worn on his already-awarded Vietnam Service Medal; and

         b. adding the Army Commendation Medal, with "V" Device, the individual award of the Republic of Vietnam Gallantry Cross, with Bronze Star; and the Expert Marksmanship Qualification Badge with Rifle Bar to Block 24, of the applicant's DD Form 214; and

2. That so much of the application as is in excess of the foregoing, award of the Purple Heart to the applicant, be denied.

BOARD VOTE:

___jhl___ __ao____ ___mkp__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Joann Langston_____
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003089170
SUFFIX
RECON
DATE BOARDED	2003/10/23
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.