PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 July 2003
         DOCKET NUMBER: AR2003091609


         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. Roger W. Able		Chairperson
Mr. Larry C. Bergquist		Member
Ms. Barbara J. Ellis		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 for wounds he sustained in Vietnam and that it be added to his DD Form 214, Report of Separation from Active Duty.

3. The applicant states, in effect, that he was wounded in action in Vietnam in early 1970 but never received the Purple Heart. He states that he was treated at the Can Tho Army Hospital. He received stitches in his left leg to close the wound. At the time, he was working on a data collection team and he did not pursue it because he was extending his tour in Vietnam and he did not want to worry his mother since two of his brothers were going through training to go [to Vietnam].

4. The applicant submitted a copy of a Standard Form 180, Request Pertaining to Military Records, in support of his application for correction of his records.

5. The applicant’s military records show that he was inducted into the Army of the United States on 6 May 1968. On 10 May 1968, the applicant enlisted in the Regular Army for three years. He received his basic combat training at Fort Lewis, Washington, and his advanced individual training at Fort Gordon, Georgia. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 31M (Radio Relay Carrier Operator). The applicant was given further follow-on training in the MOS 31L (MultiChannel Communications Equipment Repairman).

6. The applicant was assigned to the Republic of Vietnam and arrived there on 11 June 1969. He was initially assigned to Headquarters and Headquarters Company, 52nd Signal Battalion. On 17 July 1969, he was reassigned to the 324th Signal Company, 52nd Signal Battalion. The unit was redesignated B Company, 52nd Signal Battalion on 14 October 1969. He was reassigned to A Company, 52nd Signal Battalion on 26 July 1971. He remained in that unit until he was returned to the United States and assigned to Fort Hood, Texas, on 9 September 1971.

7. The applicant continued on active duty through this enlistment and two reenlistments and was honorably discharged on 14 October 1979, in the rank and pay grade, Staff Sergeant, E-6, at the expiration of his term of service.

8. Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that the applicant was awarded the following: the Bronze Star Medal, the Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster, the Good Conduct Medal (3rd award), the National Defense Service Medal, the Vietnam Service Medal with 1 silver service star, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar. The Purple Heart is not shown as an authorized award.

9. The applicant's name does not appear on the Vietnam Casualty List.

10. Item 40 (Wounds), of the applicant's DA Form 20 (Enlisted Qualification Record), is blank. 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.

11. Item 4 (Assignment Considerations), of the applicant's DA Form 2-1, Personnel Qualification Record, Part II, is void of an entry showing wounds received as a result of hostile action. There is no entry in Item 9 (Awards, Decorations and Campaigns), of the DA Form 2-1, showing that the applicant was awarded the Purple Heart.

12. A Standard Form (SF) 88, Report of Medical Examination, completed in part by the applicant, during his annual physical examination, on 15 August 1972, shows no entries to indicate that he had sustained any wound in action during his assignment to Vietnam. He was qualified for retention based on this medical examination.

13. A SF 88, Report of Medical Examination, completed in part by the applicant, during his separation physical examination, on 27 July 1979, shows no entries to indicate that he had sustained any wound in action during his assignment to Vietnam. He was qualified for separation based on this medical examination.

14. The SF 93, Report of Medical History, completed by the applicant, on 27 July 1979, in conjunction with his separation medical examination, contains a hand written entry opposite Item/Question 19 (Have you ever been a patient in any type of hospital? (If yes, specify when, where, and give details.)), "Age 22. Can Tho Airfield, Vietnam. For injury and for intestinal parasites."

15. The examining physician made an entry in Item 25 (Physician's Summary and Elaboration of All Pertinent Data) of the SF 93. The entry is as follows: "Infantile paralysis, age 8, right hip, occasional problem." No other comments were made.

16. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the

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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.

17. The above 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.

18. 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 that the 52nd Signal Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1968 through 28 March 1973 by Department of the Army General Order (DAGO) Number 8, dated 1974. This document also shows that the 324th Signal Company which was redesignated to B Company, 52nd Signal Battalion on 13 October 1969, was awarded the Meritorious Unit Commendation for the period 2 October 1968 through 30 September 1969 by DAGO 48, dated 1971. These unit awards are not shown on the applicant's DD Form 214.

19. Army Regulation 670-1, in effect at the time, governs the requirements for the oversea service bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of the US Armed Forces in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar. The applicant served in the Republic from 11 June 1969 through 9 September 1971 for a total of over 27 months.

CONCLUSIONS:

1. There is no evidence, and the applicant has provided none, to show that he was wounded in action against a hostile enemy while he was in the Republic of Vietnam. He is therefore not entitled to award of the Purple Heart.

2. Wounds allegedly incurred in action against a hostile force and award of the Purple Heart were not issues when the applicant underwent both a periodic (annual physical examination) and a separation physical examination in 1972 and in 1979, respectively.
3. The comment entered by the applicant in the SF 93 dated 1979 about his hospitalization in Can Tho when he was 22 years of age was classified by the applicant himself as an "injury" and not a "wound." The applicant did not provide sufficient detail for the "injury" to be recognized as combat related.

4. The applicant served with a unit, the 52nd Signal Battalion, which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and with B Company, 52nd Signal Battalion, which was awarded the Meritorious Unit Commendation. The applicant's DD Form 214 does not show these unit awards as authorized awards. It would be appropriate to add these unit awards to his DD Form 214 at this time.

5. The applicant served in the Republic of Vietnam for over 27 months. He is therefore eligible for award of 4 overseas service bars and to have them shown on his DD Form 214. It would be appropriate to add them to his DD Form 214 at this time.

6. 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 awarding the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and 4 overseas service bars and adding these awards to the applicant's DD Form 214.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

___be___ ___lb ___ __ra ____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Roger W. Able______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091609
SUFFIX
RECON
DATE BOARDED	2003/07/10
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.