PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           21 September 2000
	DOCKET NUMBER:   AR2000040187

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Anderson		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.

2.  The applicant requests award of the Purple Heart.

3.  The applicant states that he broke two fingers in the line of duty and also suffered shrapnel in his back while serving in Vietnam on 5 January 1967.  He was told that he earned a Purple Heart, but never received one and it never appeared on his discharge documents.  In support of his request, he submits an incomplete (unsigned) line of duty report, two individual sick slips, two Navy Discharge documents, four Army DD Forms 214 (Report of Transfer or Discharge), and his Army retirement orders.

4.  The applicant’s military records show that he was a career noncommissioned officer who enlisted on 31 March 1950 with prior Navy service.  He was promoted to sergeant first class (E-6) on 17 May 1954 and served the majority of his career as a dental laboratory technician.  He retired in July 1968 with over 21 years active military service.

5.  The applicant was assigned to Vietnam on 11 December 1966 and served with the 568th Medical Company, the 8th Field Hospital, the 137th Medical Detachment, and the 6th Convalescent Center.

6.  An incomplete Line of Duty Determination, dated 5 January 1967, shows the applicant suffered two broken fingers as the result of tripping over an unknown object while en route to his alert station during a Red Alert involving a perimeter infiltration of the Viet Cong.  However, the Board notes that the document is not signed or otherwise authenticated by an appropriate official.

7.  On 10 November 1967, the Commander, 44th Medical Brigade, awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service in Vietnam from December 1966 to December 1967.

8.  The applicant served in Vietnam through two campaigns:  Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III.

9.  The applicant retired on 31 July 1968 at Fort Dix, New Jersey.  His DD Forms 214 shows his awards and decorations as the National Defense Service Medal, the Korean Service Medal, the United Nations Medal, six awards of the Good Conduct Medal, the Army Commendation Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Combat Medical Badge.

10.  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 the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.  The regulation goes on to stipulate examples of injuries or wounds which clearly do not qualify for award of the Purple Heart, one being accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.

11.  The regulation also authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized service stars will be worn on the appropriate service medal.

12.  Army Pamphlet 672-3 lists the time periods for which various units were awarded unit citations, including the Presidential Unit Citation and Meritorious Unit Citation.  The organizations to which the applicant was assigned in Vietnam were awarded the Meritorious Unit Citation and the Republic of Vietnam Gallantry Cross with Palm during the periods of his assignment.

CONCLUSIONS:

1.  The applicant broke two fingers as a result of tripping while en route to an alert station during a “Red Alert.”  Competent medical authority has not made the determination that he sustained any wound or injury as a direct result of hostile action.  There is no available evidence to show the applicant was wounded under conditions that would entitle him to the Purple Heart.

2.  The applicant was awarded a second Army Commendation Medal on 
10 November 1967 for meritorious service.

3.  The applicant served under two campaigns during his service in Vietnam and is entitled to two Bronze Service Stars with his Vietnam Service Medal.

4.  The applicant is entitled to the Meritorious Unit Citation and the Republic of Vietnam Gallantry Cross with Palm based on his assignment with the 568th Medical Company in Vietnam.

5.  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:  

     a.  Awarding the individual concerned two Bronze Service Stars with his Vietnam Service Medal, the Meritorious Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm; and

     b.  Showing that he was awarded the Army Commendation Medal (1st Oak Leaf Cluster).

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

BOARD VOTE:  

__jhl____  __clg____  __ena___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__JoAnn H. Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR2000040187	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	110.00	
3.		
4.		
5.		
6.