RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 February 2004
         DOCKET NUMBER: AR2003090036


         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Lester Echols		Member
Mr. Robert J. Osborn, II		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his records be corrected to show award of the Purple Heart (PH).

2. The applicant states, in essence, that on two separate occasions between October and November 1970, he received injuries as a result of hostile fire. He believes his medical records supports that on one occasion he was treated for an eye injury that was caused by shrapnel. On a second occasion during the same time frame, a bullet grazed his right upper lip and he was treated at a Special Forces Camp Aid Station. He believes that his paperwork for award of the PH never caught up with him due to him leaving Vietnam on emergency leave and then he was separated. A social worker that is helping him deal with posttraumatic stress disorder encouraged him to inquire about whether he was awarded the PH for his combat-related injuries.

3. The applicant provides nothing in support of his request.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 19 February 1971. The application submitted in this case is dated 15 April 2003.

2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant’s military records show he was inducted into the Army of the United States on 28 August 1969. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4. On 28 January 1970, he was assigned to Vietnam. He served with B Troop, 7th Squadron, 17th Air Cavalry, 1st Aviation Brigade from 10 February 1970 to 26 October 1970. After serving in Vietnam for 8 months and 29 days, he returned to the United States and was assigned to Fort Leavenworth, Kansas for separation processing.

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5. A Statement of Medical Condition, dated 17 February 1971, shows that on 6 February 1971, the applicant received a separation examination at Munson Army Hospital. The applicant wrote in his own handwriting "my medical condition has changed as follows: I was injured in my right eye." The applicant also authenticated this document. This statement does not indicate the date of the injury, the cause of the injury, or whether he was treated for the injury.

6. On 19 February 1971, the applicant was honorably released from active duty due to a hardship discharge. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Air Medal, National Defense Service Medal, Vietnam Service Medal (VSM), one Overseas Service Bar, the Vietnam Campaign Medal with 60 Device, Combat Infantryman Badge (CIB), the Expert Marksmanship Qualification Badge (Rifle Bar and Grenade Bar). It does not show award of the PH.

7. The applicant’s DD Form 214 also does not show award of the Good Conduct Medal (GCMDL). Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. There is no evidence of any recorded misconduct or denial of the award.

8. The applicant served in Vietnam during three campaigns: the Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase II.

9. Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) is annotated in pencil "shrapnel rt eye at Doktol, Shot in upper lip-Cp Holloway." The annotations contain no dates.

10. The staff of the Board thoroughly reviewed the historical files of Troop B, 7th Squadron, 17th Calvary, 1st Aviation Brigade that are located at the National Archives, College Park, Maryland. The records failed to show the applicant is authorized award of the PH. There is no documentation in unit records to show that he was ever wounded.

11. The Vietnam Casualty List was consulted and failed to show the applicant listed as a casualty.

12. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the GCMDL, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in

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recognition of accomplishments. It provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

13. AR 600-8-22 provides that the GCMDL is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the GCMDL, disqualification must be justified.

14. Army Regulation 600-8-22 also provides, in pertinent part, for award of a bronze service star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. The applicant is authorized three BSSs to represent the three campaigns in which he served.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross Unit Citation with Palm for the period 1 January-31 October 1970 by Department of the Army General Order Number 52, dated 1971.

DISCUSSION AND CONCLUSIONS:

1. To be awarded the PH, the applicant would have to show that he was wounded and that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. Although there are references in the record to his wounding, there are no orders, either in the applicant's record or in unit records, nor is the applicant's name on the Vietnam Casualty List.

2. Nothing in the applicant's Enlisted Qualification Record or his separation physical examination supports the contention that the injury to his right eye was the result of hostile action or that the injury required treatment.

3. The staff of the Board made every attempt to verify the applicant's entitlement to the PH, but was unsuccessful. The evidence available does not establish sufficient justification to award the PH.

4. The evidence available does support that the applicant is authorized award of the GCMDL for the period 28 August 1969 - 19 February 1971, three BSSs for wear on his VSM, and the Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

__jhl___ __le____ __rjo___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the GCMDL for the period 28 August 1969 - 19 February 1971, three BSSs for wear on his VSM, and the Vietnam Gallantry Cross Unit Citation with Palm.

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the PH.



                           Joann Langston
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090036
SUFFIX
RECON
DATE BOARDED	20040212
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0015
3.	107.0056
4.
5.
6.