PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 November 2003
         DOCKET NUMBER: AR2003090137


         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:

Mr. Fred N. Eichorn		Chairperson
Ms. Gail J. Wire		Member
Mr. Antonio Uribe		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 the Purple Heart he was given in Vietnam be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

3. The applicant states, in effect, that he was given a Purple Heart by a field medic (early to mid 1967) for an injury to his left eye. While on patrol, a tree limb hit him across the left eye, lacerating the lower eyelid. The medic cleaned the wound and applied antibiotics. He was given the medal about two weeks after the original injury. On the same day, the medic handed out Purple Hearts to two other comrades. The applicant states that he was unaware that the Purple Heart was not recorded on his DD Form 214.

4. In support of his application, the applicant submitted a copy of his DD Form 214.

5. The applicant’s military record shows that he was inducted into the Army of the United States on 3 December 1965. He received his basic combat and advanced individual training at Fort Lewis, Washington. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman.

6. The applicant was assigned to Company B, 3rd Battalion, 8th Infantry, at Fort Lewis as his first duty station. On 15 September 1966, the applicant arrived in Vietnam with this same unit as part of a unit permanent change of station. The applicant remained with this unit until he was returned to the United States for separation processing on 10 September 1967.

7. 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.

8. The applicant was honorably released from active duty on 12 September 1967 in the rank and pay grade, Specialist Four, E-4. On his release from active duty, he had a total of 1 year, 9 months, and 10 days active military 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 Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Combat Infantryman Badge; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14); the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16); and the Expert Marksmanship Qualification Badge, with Grenade Launcher Bar (M-79). The Purple Heart is not shown on the DD Form 214.

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9. The applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar in Special Orders 82, paragraph 61, published by Headquarters 4th Infantry Division, Fort Lewis, Washington, dated 28 March 1966. This badge 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 him while he 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 underwent a separation physical examination on 12 September 1967. The Standard Form (SF) 88, Report of Medical Examination, and the SF 89, Report of Medical History, completed in connection with this examination, do not show any information to indicate that the applicant was wounded or injured while he was in Vietnam.

12. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the applicant is entitled for campaign participation.

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. This above 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.

15. The same 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.

16. Paragraph 2-8, subparagraph (5), AR 600-8-22, is quoted as follows,

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"Examples of injuries or wounds which clearly do not qualify for award of the Purple Heart are as follows:

(a) Frostbite or trench foot injuries.
(b) Heat stroke.
(c) Food poisoning not caused by enemy agents.
(d) Chemical, biological, or nuclear agents not released by the enemy.
(e) Battle fatigue.
(f) Disease not directly caused by enemy agents.
(g) Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.
(h) Self-inflicted wounds, except when in the heat of battle, and not involving gross negligence.
(i) Post traumatic stress disorders.
(j) Jump injuries not caused by enemy action."

17. AR 672-5-1, then in effect, provides that the Good Conduct Medal 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. All conduct (character) and efficiency ratings must be recorded as "Excellent" except that: (1) Rating of "Unknown" for portions of the period under consideration are not disqualifying; and, (2) service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

18. 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, Company B, 3rd Battalion, 8th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from October 1966 through 28 July 1969 by Department of the Army General Orders (DAGO) Number 3, dated 1970.

CONCLUSIONS:

1. The applicant states in his application to the Board that while on patrol, a tree limb hit him across the left eye, lacerating the lower eyelid. The injury that he alleges to have sustained appears to have been accidentally inflicted. There is no evidence, and the applicant has provided none, that the injury was incurred while the patrol was engaged in action against a hostile enemy; therefore, the Board

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has determined that there is insufficient evidence upon which to base award of the Purple Heart to the applicant at this time.

2. The Board noted that the applicant consistently had "Excellent" conduct and efficiency ratings throughout his active duty service. He attained the rank and pay grade of Specialist Four, E-4, and there is no record of lost time in the applicant's service personnel records. The applicant's performance of duty on the battlefield was sufficient to earn him the coveted Combat Infantryman Badge. Based on his service, the Board has determined that he is entitled to award of the Good Conduct Medal for the period 3 December 1965 through 12 September 1967 and to have it added to his 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. The applicant's
DD Form 214 does not show this unit award as an authorized award because it was awarded after he had been released from active duty. It would be appropriate to add this unit award to his DD Form 214 at this time.

5. The applicant was awarded the Expert Marksmanship Qualification Badge with Pistol Bar. This badge is not shown on the applicant's DD Form 214. It would be appropriate to add this badge to his separation document 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 Good Conduct Medal for the period 3 December 1965 through 12 September 1967; 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 adding these awards to his DD Form 214; and

         b. adding the already-awarded Expert Marksmanship Qualification Badge with Pistol Bar to Block 24, of the applicant's DD Form 214.

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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:

__gw____ ___fe ___ ___au___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn _____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090137
SUFFIX
RECON
DATE BOARDED	2003/11/04
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.