PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            31 October 2000                  
	DOCKET NUMBER:   AR2000044886

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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 that he be awarded the Purple Heart.

3.  The applicant states that on 15 August 1966 the base in Lakhe, Vietnam was mortared.  As the attending medic, he assisted the wounded.  A mortar exploded in front of him and he suffered damage to his eyes, hearing and received a wound in the arm and legs.  However, for personal reasons, the first sergeant and commander scratched his name off the casualty list.  He provides no supporting evidence but states he could provide names of witnesses if needed.  Counsel contends that the applicant’s records show he served as a company aidman, the duties of which would have exposed him to hostile fire.  His discharge examination notes a two-inch long shrapnel scar on his inner forearm and a circular scar on the edge of his right hand.  Neither of these disabilities were reflected on his entrance examination.  In addition, he was awarded the Combat Medical Badge, which is not shown on his Report of Transfer or Discharge, DD Form 214.  Receipt of this combat award is grounds for the award of the Bronze Star Medal.  

4.  The applicant's military records show that he enlisted in the Regular Army on 13 April 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 91A (Medical Aidman).

5.  The applicant served with Headquarters Company, 1st Engineer Battalion, 1st Infantry Division in Vietnam from 17 May 1966 – 30 April 1967 as a company aidman.  Special Orders 216, Headquarters, 1st Infantry Division dated 4 August 1966 awarded the applicant the Combat Medical Badge.

6.  The applicant was released from active duty on 12 April 1968.  On his separation Report of Medical Examination, SF Form 88, the applicant noted that he had a two-inch long shrapnel scar on his inner forearm, a one-inch long scar on his chin and a circular scar on the edge of his right hand.  The physician made no notes on the reverse of the SF Form 88.  On the applicant’s Report of Medical History, SF Form 89, the physician noted only a small varicose vein, hospitalization for a nervous breakdown, history of ear infection, and two other partially illegible entries that do not appear to relate to scarring.

7.  The applicant is not listed on the Vietnam Casualty List.  His service medical records are not available.  He did not respond to a letter requesting his service medical records and/or witness statements.

8.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  The regulation also provides for the award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

9.  Department of the Army Pamphlet 672-3 shows that the 1st Engineer Battalion was awarded the Meritorious Unit Citation (MUC) for the period February through May 1966, the MUC for the period 3 June 1966 through 15 April 1967, the Republic of Vietnam Gallantry Cross with Palm for the period 12 July 1965 through 16 October 1968, and the Republic of Vietnam Civil Actions Honor Medal First Class for the period October 1965 through 7 April 1970.

CONCLUSIONS:

1.  The evidence of record is insufficient to show that the applicant was wounded in action and therefore entitled to award of the Purple Heart.  The entry on his  SF Form 88 was made by the applicant and is not corroborated by a physician’s entry.  The applicant did not provide any corroborating evidence in the form of witness statements or his service medical records.

2.  The evidence of record shows that the applicant was awarded the Combat Medical Badge and that award is not listed on his DD Form 214.  However, it was not awarded in the timeframe that would have entitled him to automatic award of the Bronze Star Medal.  

3.  The applicant was also assigned to a unit during a period of time that unit was awarded the MUC (twice), the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class.  Therefore, he is entitled to wear those awards and they should be added to his DD Form 214.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant’s DD Form 214 be amended to show that the applicant was awarded the Combat Medical Badge, two awards of the Meritorious Unit Citation, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class. 

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

BOARD VOTE:  

__eja___  __alr___  __bfh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Elzey J. Arledge, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000044886	
SUFFIX		
RECON		
DATE BOARDED	20001031	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.