PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 October 2003
         DOCKET NUMBER: AR2003089530

         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:

Mr. Curtis L. Greenway		Chairperson
Mr. Ernest W. Lutz		Member
Mr. Larry C. Bergquist		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 wounded while serving in the Republic of Vietnam (RVN) in February 1968. In support of his application, he provides copies of medical treatment records (SFs 600) and a separation physical examination (SF 88).

4. The applicant’s record shows that he was inducted into the Army and entered active duty on 21 March 1967. He was trained in, awarded, and served in military occupational specialty 11B (Infantryman).

5. The applicant’s record shows that he served in the RVN for 11 months and
28 days between September 1967 and September 1968. During his tour of duty in the RVN, the applicant was assigned to Company C,. 1st Battalion,
14th Infantry Regiment, 4th Infantry Division. The applicant’s Military Personnel Records Jacket (MPRJ) contains no documents or orders that indicate that he was ever recommended for or awarded the PH.

6. On 4 February 1969, the applicant underwent a separation physical examination at Fort Dix, New Jersey. The examination report contained an entry that indicated that shrapnel was found in the applicant’s right eye. This report provided no facts and circumstances regarding how the applicant received this injury.

7. On 21 March 1969, the applicant was honorably released from active duty by reason of expiration of term of service. At the time of his separation, he had completed a total of 1 year, 11 months, and 29 days 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 National Defense Service Medal, Combat Infantryman Badge, Army Good Conduct Medal, Vietnam Service Medal, and Vietnam Campaign Medal with 60 Device. The applicant authenticated the DD Form 214 with his signature on the date of his separation.

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.

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9. The applicant provides copies of medical treatment records that confirm he was treated for an eye injury at the 71st Evacuation Hospital, RVN, between June and November 1968. These medical treatment records contain 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 four campaigns: Vietnam Counteroffensive Phase III; TET Counteroffensive 1968; Vietnam Counteroffensive Phase IV; and Vietnam Counteroffensive Phase V.

12. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during his tenure of assignment in the RVN, the applicant’s unit (1st Battalion, 14th Infantry Regiment) was awarded the RVN Civil Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross Unit Citation with Palm.

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CONCLUSIONS:

1. 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 this record of medical treatment must have been made a matter of official record.

2. The evidence confirms the applicant received an eye injury that resulted from shrapnel in the eye and that he was treated for this eye injury while still serving in the RVN. The medical treatment records were prepared at the 71st Evacuation Hospital, RVN, between June and November 1968. These treatment records provide no indication that the applicant was ever categorized a battle casualty or that his eye injury was caused by or the direct result of enemy action. Further, there is no indication that the circumstances surrounding his injury resulted in his being recommended for or awarded the PH.

3. 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. Further, he authenticated his separation document on the date of his separation, thereby verifying that the information contained therein was correct at the time the document was prepared and issued. This document did not include the PH in the list of earned awards and there is no indication that the applicant raised this issue at the time.

4. In addition, the applicant’s name is not included in the official list of casualties recorded on the DA Vietnam Casualty Roster. Given the lack of evidence to corroborate the applicant’s claim that his injury was caused by or the direct result of enemy action, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.

5. During the review of this case, it was determined that based on his service and campaign participation in the RVN, the applicant 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.

6. 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 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 includes these awards.

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

BOARD VOTE:

__CLG__ __EL___ __LB __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Curtis L. Greenway
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089530
SUFFIX
RECON
DATE BOARDED	2003/10/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1969/03/21
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	ETS
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.