PROCEEDINGS


         IN THE CASE OF
                         

         BOARD DATE: 28 October 2003
         DOCKET NUMBER: AR2003089882

         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. Raymond J. Wagner		Chairperson
Ms. Linda D. Simmons		Member
Ms. Marla J. Troup		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 (PH).

3. The applicant states, in effect, that while serving in the Republic of Vietnam (RVN), he received a shrapnel wound to his arm while on guard duty at an ammunition dump that was blown up in April 1966. He claims that he was treated for this wound by a medical corpsman (Medic) at the time and that recently, the Department of Veterans Affairs (VA) established that this shrapnel wound to his right forearm as a service connected disability. In support of his application, he provides a copy of the VA disability rating decisional document and copies of two separation documents (DD Forms 214).

4. The applicant’s military records show that he enlisted in the Regular Army and entered active duty on 7 December 1966. He was trained and served in military occupational specialty (MOS) 12B (Combat Engineer) and the highest rank he attained while serving on active duty was sergeant (SGT).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 26 January 1966 through 25 January 1967, and he was assigned to Company C, 299^th Engineer Battalion. 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) 1st Award; Expert Marksmanship Qualification Badge with Rifle and Grenade Launcher Bars; and Sharpshooter Marksmanship Qualification Badge with Pistol Bar. The applicant audited and signed the DA Form 20 on
13 February 1967.

7. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents that show he was ever wounded or injured in action, or that he was ever recommended for or awarded the PH.

8. On 25 October 1968, the applicant was honorably released from active duty after completing a total of 3 years, 2 months, and 3 days of active military service. The DD Form 214 issued to him on the date of separation contains a list of awards he earned during his tenure on active duty. 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.

---

9. 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 found on this DA list of soldiers who were reported as RVN battle casualties.

10. The applicant provides a copy of a VA rating decision document, dated
10 December 2002. This document indicates that the applicant was granted a
10 percent disability rating for a service connected shrapnel wound. The VA document indicates that unit records confirmed that an ammunition dump was attacked and exploded at Qui Nhon, RVN, which corroborated the applicant’s statement on where, when, and how he received the shrapnel wound.

11. The 10 December 2002 VA disability rating decisional document also points out that the applicant’s service medical records did not show any treatment for a shrapnel wound to the arm during his military service. Further, it indicated that the facts did not conclusively show a shrapnel wound to the applicant’s arm occurred during his military service, but reasonable doubt was resolved in his favor for VA claim purposes.

12. 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.

13. 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 Vietnam Counteroffensive and Vietnam Counteroffensive Phase II campaigns.

14. 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 VA disability rating decision document was carefully considered. However, although the VA assigned the applicant a service connected disability rating for a shrapnel wound, the VA document indicated that the facts did not conclusively show a shrapnel wound to the applicant’s arm occurred during his military service.

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 evidence of record provides no confirmation or even an indication that the applicant was ever wounded in action or that he was ever treated for a wound or injury received in action. Further, his name was not found on the official DA Casualty Roster. Absent any evidence of record to corroborate the VA disability rating decision or the applicant’s claim of entitlement to the PH, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.

4. During the review of this case, it was determined that based on his campaign participation and service in the RVN, the applicant is entitled to 2 bronze service stars with his Vietnam Service Medal and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Further, the evidence shows that the Expert Marksmanship Qualification Badge with Rifle and Grenade Launcher Bars and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar earned by the applicant were not included in his separation document. As a result, it would be appropriate to add these awards to the applicant’s record at this time.

5. 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 2 bronze service stars with his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle and Grenade Launcher Bars, and Sharpshooter Marksmanship Qualification Badge with Pistol Bar; and by providing him a corrected separation document that reflects these awards.

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

BOARD VOTE:

___MT__ __LDS___ __RJW___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond J. Wagner
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003089882
SUFFIX
RECON
DATE BOARDED	2003/10/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1968/10/25
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.