RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: December 2, 2003
         DOCKET NUMBER: AR2003090974

         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
Mr. Melvin H. Meyer		Member
Mr. Patrick H. McGann		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, in effect, that he be awarded the Purple Heart for a gunshot wound that he received in Vietnam.

2. The applicant states, in effect, that he received a gunshot wound to the right ankle.

3. The applicant provides a copy of thirteen documents from his military medical records in support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant's military records show that he was inducted into the Army of the United States on 11 October 1965. He successfully completed basic combat training at Fort Polk, Louisiana, and advanced individual training at Fort Bragg, North Carolina. On completion of his advanced training, he was awarded the military occupational specialty (MOS) 13A, Field Artillery Basic.

2. The applicant remained at Fort Bragg until 9 June 1966 when he was reassigned to Battery C, 3rd Battalion, 34th Artillery, Fort Riley, Kansas. He was reassigned as part of a unit permanent change of station to Vietnam on 30 November 1966. He remained with this unit until he was returned to the United States for release from active duty on 1 October 1967.

3. The applicant was honorably released from active duty on 1 October 1967 in the rank and pay grade, Private First Class, E-3, under the provisions of Army Regulation (AR) 635-200, chapter 5, section VII (Overseas Returnee). On his release from active duty, the applicant had served 1 year, 11 months, and 21 days active military service with no lost time.

4. Item 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, shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal. The Purple Heart is not shown on the DD Form 214.

5. Item 40 (Wounds) of the applicant's DA Form 20, Enlisted Qualification Record, is void of an entry about wounds received in action against a hostile enemy. There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the applicant was awarded the Purple Heart. There are no orders in the applicant's military personnel records awarding him the Purple Heart.
6. The applicant's name does not appear on the Vietnam Casualty List.

7. An entry was found on a Standard Form 600, Chronological Record of Medical Care, which the applicant provided in support of his application for correction of records. The entry, dated 15 February 1967, states, in effect, that he was treated at the clearing station in Dong Tam, Vietnam, for an M-16 GSW (gunshot wound) of right ankle.

8. The applicant was awarded the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force for the period 12 September 1967 to 16 September 1967 by General Orders 5235, Headquarters, 9th Infantry Division, dated 8 October 1967. The Army Commendation Medal is not shown in Item 24 of the applicant's DD Form 214.

9. While in 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.

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

11. AR 600-8-22 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 the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

12. AR 672-5-1, then in effect, provides that the Good Conduct Medal is awarded to individuals for exemplary behavior, efficiency, and fidelity in active Federal military service. Throughout the qualifying period, each enlisted person must have "excellent" conduct (character) and efficiency rating and must not have been the subject of a court-martial.

13. AR 600-8-22, in pertinent part, 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.

14. According to DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, the unit to which the applicant was assigned during his tour of duty in Vietnam, Battery C, 3rd Battalion, 34th Artillery, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 1 December 1966 through 30 June 1968, by Department of the Army General Orders (DAGO) 31, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 19 December 1966 through 28 June 1969 by DAGO 59, dated 1969. These unit citations do not appear on the applicant's DD Form 214.

15. The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) in Paragraph 225, Special Orders 292, published by Headquarters, Fort Polk, Fort Polk, Louisiana, dated 30 November 1965.

DISCUSSION AND CONCLUSIONS:

1. The evidence of record shows that the applicant sustained an M-16 gunshot wound to the right ankle; however, the evidence is not sufficiently convincing that he was wounded in action against a hostile force while in Vietnam. At the present time, the evidence of record does not support the award of the Purple Heart to the applicant. He is therefore not ineligible for award of the Purple Heart and to have it added to his DD Form 214.

2. The applicant's records revealed no disqualifying information and revealed consistent "Excellent" conduct and efficiency ratings throughout his active duty service. There is no evidence in his records that he was ever disqualified from award of the Good Conduct Medal by any of his unit commanders. The applicant was awarded the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force and he was not the subject of any court-martial action during his Army service. He is therefore entitled to award of the Good Conduct Medal for the period of service 11 October 1965 through 1 October 1967 and to have it added to his DD Form 214.

3. The applicant participated in two campaigns during his service in Vietnam; he is therefore eligible for award of two bronze service stars to be worn on his already-awarded Vietnam Service Medal and to have them shown on his separation document.

4. The applicant was awarded the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force. The Army Commendation Medal is not shown on his DD Form 214 and it would be appropriate to add it to his separation document at this time.

5. The applicant served with Battery C, 3rd Battalion, 34th Artillery, at the time the unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation. He is therefore entitled to award of these unit citations and to have them shown on his DD Form 214.

6. The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 30 November 1965. The qualification badge is not shown on his DD Form 214. It would be appropriate to add this award to his separation document at this time.

BOARD VOTE:

_PM___ __FE___ __MM_ ___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. awarding the applicant two bronze service stars to be affixed to his already-awarded Vietnam Service Medal; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Good Conduct Medal for the period 11 October 1965 through 1 October 1967; and to have these awards added to his DD Form 214; and

b. adding the already awarded Army Commendation Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) to the applicant's DD Form 214.

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 Purple Heart to applicant for a gunshot wound to the right ankle sustained in Vietnam.





                  Fred N. Eichorn
         CHAIRPERSON

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INDEX

CASE ID	AR2003090974
SUFFIX
RECON
DATE BOARDED	2003/12/02
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.