RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 September 2007
	DOCKET NUMBER:  AR20070004076 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Ronald D. Gant

Member

Mr. Rowland C. Heflin

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Purple Heart, unit awards awarded to Headquarters, II Field Force Vietnam, and the Army Service Ribbon,

2.  The applicant states, in effect, that about 2 years ago he applied for the Purple Heart, but the Army denied the award based on a message sent to his mother stating he had been injured when the truck in which he was riding hit a bridge.  The applicant also states, in effect, that he subsequently went to the Veterans Affairs (VA) Regional Office in Lakewood, Colorado, and reviewed his VA and Army medical records.  At that time, he discovered a Standard Form
(SF) 516 (Clinical Record - Operation Report), dated 3 May 1966, that describes his injury as a “Gunshot Wound (GSW), left arm with fracture of humerus (Missile wound).”  He also obtained a copy of a SF 515 (Clinical Report - Tissue Examination), dated 2 June 1966, that indicates in the clinical history, “Patient post GSW Humerus.”  The applicant adds, in effect, that “after being shot out of or thrown out of the truck after being shot, the lower back of his lung was bruised” and he describes the medical treatment he received.  The applicant also states that on “March 5, 2007, I was allowed by the VFW Representative at the aforementioned VA Regional Office to read all my records and make copies of those I felt pertinent (emphasis added).”  The applicant further states, in effect, that he is applying for award of the Purple Heart based on the documents he discovered which show the wound he received and his injuries were the result of enemy gunfire.  The applicant concludes by stating, in effect, that he would also like his records corrected to show any unit awards he may be entitled to and award of the Army Service Ribbon.

3.  The applicant provides a self-authored stated, dated 10 March 2007; a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 23 August 1966; SF 516, dated 3 May 1966; and SF 515, dated 2 June 1966.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the U.S. Army for a period of 3 years and entered active duty in the Regular Army on 2 August 1963.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  On 21 May 1964, he was reclassified and awarded MOS 71H ( Personnel Management Specialist).

2.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record).  Item 38 (Record of Assignments) of this document shows, in pertinent part, that he was assigned to Headquarters and Headquarters Company, II Field Force Vietnam on 5 March 1966.  Item 31 (Foreign Service) shows that he served in the Republic of Korea from 18 June 1964 through 7 July 1965 and in the Republic of Vietnam from 5 March 1966 through 30 April 1966.  Item 39 (Campaigns) of this document is absent an entry.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, Expert Marksmanship Qualification Badge with Machinegun Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant’s military service records contain a copy of Headquarters and Headquarters Company, II Field Force Vietnam, letter, dated 27 April 1966.  This document shows, in pertinent part, that the applicant’s company commander informed the applicant’s father that the applicant was involved in a vehicle accident on the evening of 24 April 1966.

4.  The applicant’s records contain a copy of a letter from Mrs. H. E. G_____ (the mother of the applicant), dated 6 May 1966, to Department of the Army, Casualty Branch.  This document shows, in pertinent part, that the applicant’s mother indicated she was “writing to find out just what extent his [son’s] injuries are and what her [son’s] condition is at this time.”

5.  The applicant’s military service records contain a copy of Headquarters,
U.S. Army, Vietnam, message, date-time-group 180552Z May 1966, subject: Status Report.  This document shows that on 24 April 1966, the applicant was injured and received a fracture to his left humerus when the vehicle in which he was riding collided with a bridge abutment.  This document also shows that the applicant was medically evacuated to U.S. Army Hospital, Camp Zama, Japan, on 2 May 1966.  This document further shows this information was confirmed with Chief Warrant Officer B_____ of the applicant’s unit on 17 and 18 May 1966.

6.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Expert Marksmanship Qualification Badge with Machinegun Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This document also shows the applicant was honorably released from active duty (REFRAD) on 23 August 1966 after completing a total of 3 years and 22 days net active service.  This document further shows that the applicant was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement), U.S. Army Administration Center, St. Louis, Missouri, and that his Reserve military service obligation terminated on 1 August 1969.

7.  There are no orders in the applicant’s military service records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 does not show an entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations).  In addition, the applicant's name is not listed on The Adjutant General Office, Casualty Division's Vietnam Casualty Roster.

8.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive campaign.

11.  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, at the time of the applicant's assignment to Headquarters and Headquarters Company, II Field Force Vietnam, the unit was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 30 (1968).

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to Headquarters and Headquarters Company, II Field Force Vietnam, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).

13.  Army Regulation 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.  This regulation also provides examples of injuries or wounds which clearly do not qualify for award of the Purple Heart and cites, in pertinent part, accidents involving explosive, aircraft, vehicular, and other accidental wounds or injuries not related to or caused by enemy action.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, 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, which includes the Vietnam Service Medal.

17.  The Korea Defense Service Medal is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined.  Headquarters, U. S. Army Human Resources Command, Alexandria, Virginia, message, dated
9 February 2004, published implementing instructions for award of the Korea Defense Service Medal.  This message specified criteria for the award of the Korea Defense Service Medal as follows: (a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; (b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; (c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

18.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

19.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

20.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 
30 consecutive days of the period cited.

21.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Purple Heart, unit awards awarded to Headquarters, II Field Force Vietnam, and the Army Service Ribbon.

2.  The applicant provides evidence in the form of a SF 516, dated 3 May 1966 and SF 515, dated 2 June 1966, prepared at the U.S. Army Hospital, Camp Zama, Japan, each of which contain a reference to a gunshot wound.  The applicant also provides evidence that he was allowed “to read all [of his Army and VA medical] records and make copies of those [he] felt pertinent.”  However, this reference (i.e., to a gunshot wound) does not provide evidence that the applicant was wounded as a result of hostile action.  In addition, the Board notes that the applicant does not provide copies of any medical treatment records based upon the initial first aid and/or medical treatment administered to the applicant on 24 April 1966 (or any other date in the month of April 1966) while he was in Vietnam that indicate he received a gunshot wound that was a result of hostile action.

3.  The evidence of record shows that on 27 April 1966, the applicant’s company commander informed the applicant’s father (via letter) that the applicant was involved in a vehicle accident on 24 April 1966.  The evidence of record also shows that on 6 May 1966, the applicant’s mother sought additional information from Headquarters, Department of the Army, Casualty Branch, concerning the applicant’s injuries.  The evidence of record further shows that information concerning the incident and the applicant’s injuries was confirmed by an officer of the applicant’s unit and provided to Headquarters, U.S. Army, Vietnam on 17 and 18 May 1996, and that a Status Report was sent to Headquarters, Department of the Army, Casualty Branch on 18 May 1966.  Thus, it is reasonable to conclude from the evidence of record that the applicant’s unit conducted an investigation into the incident in response to the applicant’s mother’s inquiry into the incident and injury, which resulted in submission of the Status Report confirming the applicant was injured in a vehicle accident.

4.  There is no medical evidence of record which shows that the applicant's was wounded or treated for wounds as a result of hostile action.  All of the evidence reviewed by the Board indicates that the applicant's injuries were the result of a vehicle accident that did not involve any enemy action at the time.  The applicant provides insufficient documentary evidence to support award of the Purple Heart. Therefore, there is insufficient evidence upon which to base award of the Purple Heart in this case.

5.   Records show the applicant is entitled to the first award of the Good Conduct Medal for the period 2 August 1963 through 1 August 1966 based on completion of a qualifying period of active duty enlisted service.  Therefore, he is entitled to correction of his records to show this award.

6.  The evidence of record shows that the applicant served in one campaign in the Vietnam Conflict.  Therefore, he is entitled to correction of his records to show award of 1 bronze service star to be affixed to his Vietnam Service Medal.

7.  The evidence of record shows that, subsequent to 28 July 1954, the applicant served on active duty and completed a foreign service tour in the Republic of Korea (i.e., from 18 June 1964 to 7 July 1965).  Thus, the applicant served a qualifying period of service in the Republic of Korea for award of the Korea Defense Service Medal.  Therefore, the applicant is entitled to correction of his records to show award of this service medal.

8.  The evidence of record shows that General Orders awarded the applicant's unit the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his records to show this unit award.

9.  The evidence of record shows that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

10.  There is no evidence of record that shows the applicant had an Active Army status on or after 1 August 1981.  Therefore, he is not entitled to correction of his records to show award of the Army Service Ribbon.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JEV__  ___RDG_  ___RCH_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 2 August 1963 through
1 August 1966;

b.  correcting his DD Form 214, with an effective date of 23 August 1966, to delete the Vietnam Service Medal; and 
	
c.  correcting his DD Form 214, with an effective date of 23 August 1966, to add the Good Conduct Medal, Vietnam Service Medal with 1 bronze service star, Korea Defense Service Medal, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
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 the Purple Heart and Army Service Ribbon.




         _James E. Vick____
          CHAIRPERSON




INDEX

CASE ID
AR20070004076
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/09/19
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19660823
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Expiration Term of Service, REFRAD
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.