PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            16 August 2001
	DOCKET NUMBER:   AR2000048722

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		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 sustained a shrapnel injury in combat in an infantry military occupational specialty (MOS).  He contends that he was wounded in Vietnam in 1968 and that the shrapnel has been verified by x-rays at two separate Veterans Administration (VA) hospitals.  He also states that he has been awarded “0 % service connected disability” and has a letter from a witness. 

4.  In support of his application, the applicant submitted:  a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 13 June 1969; a Request for Service Medals and Awards in which he requests award of the Silver Star, the Bronze Star Medal, the Army Commendation Medal with “V” Device and the Purple Heart; a 9 December 1997 letter from the National Service Officer of the Military Order of the Purple Heart; a copy of a letter from the applicant to the National Personnel Records Center requesting a copy of his service medical records; a copy of a 2 October 1996 letter from the Nashville, Tennessee, VA Office; a copy of a 19 September 1995 letter from the National Service Officer of the Military Order of the Purple Heart to the applicant; a Notice of Procedural and Appellate Rights from the VA; a 19 September 1996 VA Rating Decision granting service connection with zero percent for residual of “shell fragment wound to the left calf” effective 3 December 1991; two handwritten pages of notes; a 15 September 1995 letter from the Nashville, Tennessee, VA Office; a 13 September letter from the Nashville, Tennessee, VA Office regarding his application for benefits; a 2 August 1995 decision by the Board of Veterans’ Appeals remanding the case to a Regional Office for further action; one handwritten page regarding a telephone call on 10-8-93; a Standard Form 180 requesting amendment of his records to show award of the Purple Heart; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 31 August 1981 through 13 September 1985; an Honorable Discharge Certificate, dated 13 September 1985; a DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes); a 20 August 1993 letter from the Board of Veterans’ Appeals regarding the docket for his appeal; a 10 August 1993 letter from the Nashville, Tennessee, VA Office regarding the applicant’s appeal to the Board of Veterans’ Appeals; a copy of the applicant’s 14 July 1993 appeal to the Board of Veterans’ Appeals; a copy of a 8 October 1993 record of telephonic inquiry; a copy of a Standard Form 180 (Request Pertaining to Military Records); a 4 June 1993 letter from the Nashville, Tennessee, VA Office forwarding a “Statement of the Case” to the applicant in response to the applicant’s Notice of Disagreement filed with the VA; a 3 June 1993 letter from the Awards and VA Benefits Section of the U.S. Army Reserve Personnel Center requesting the applicant to verify his award of the Purple Heart; an undated Notice of Procedural and Appellate Rights; a 2 July 1992 letter from the Nashville, Tennessee, VA Office denying the applicant’s claim for service connection for a shrapnel injury to the left leg; a 25 June 1985 notification of required medical examination; a copy of a 16 June 1967 induction physical examination; a copy of the applicant’s immunization record and a copy of a 7 January 1992 letter from the Nashville, Tennessee, VA Office regarding the processing of the applicant’s VA claim.  The applicant also submitted a letter, dated 5 February 2001, in which he restates the evidence in support of his request and states:  “I have a Combat Infantry Badge (CIB) as well as a Silver Star, Bronze Star and ARCOM [Army Commendation Medal] with “V” Device for valor for my actions during combat from November 1967 to November 1968.  Despite the loss of my medical records I think there is more than sufficient evidence that I was injured during combat while serving in an infantry MOS (i.e. 11B).”

5.  The applicant’s records also contain a 28 September 2000 request from a Member of Congress to the Chief of the Congressional Inquiry Division, Office of the Chief of Army Legislative Liaison, regarding award of the Purple Heart to the applicant.  Attached to the request from the Member of Congress is a 23 May 2000 letter from the applicant to the Member of Congress requesting assistance in obtaining award of the Purple Heart.  Also attached is a 2 December 1997 letter from the applicant’s former platoon leader in Vietnam who states that he was present when it was noticed that the applicant was bleeding from his leg on or about 5-7 February 1968, that he took the applicant to the aid station for treatment and that he recommended the applicant for the Purple Heart.  The applicant’s former platoon leader also stated that he is “aware that [the applicant] still carries shrapnel from that wound, which has been verified by VA hospitals” and the “VA Regional Office has awarded [the applicant] 0% service connected disability for this injury.”  Also attached is an 11 August 2000 letter from the Awards Branch of the U.S. Total Army Personnel Command which denies award of the Purple Heart because there is no casualty report or other historical record showing wounds resulting from combat and because the 2 December 1997 eyewitness statement submitted by the applicant by itself is insufficient evidence for award of the Purple Heart.  

6.  The applicant’s military records show that he was inducted on 16 June 1967 and completed training as a light weapons infantryman.  Although records do not show the exact dates of his service in Vietnam, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that he served in Vietnam for 11 months and 25 days.  The applicant was honorably separated from active duty on 13 June 1969.  He accepted appointment on 30 August 1979 in the U.S. Army Health Professions Scholarship Program as a second lieutenant in the Medical Service Corps, completed his training and served on active duty from 31 August 1981 until 13 September 1985 at which time he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  The applicant is currently serving as a Psychologist in the rank of lieutenant colonel in the U.S. Army Reserve. 

7.  The applicant’s DD Form 214, issued to him at the time of his separation from the Army on 13 June 1969, covers his service in Vietnam and shows his authorized awards in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  This item contains the entries:  “NDSM [National Defense Service Medal]; VSM [Vietnam Service Medal]; CIB [Combat Infantryman Badge]; ARCOM [Army Commendation Medal]; MM(M-14 Rifle) [Marksman Qualification Badge for the M-14 Rifle]; and the SS(M-16) [Sharpshooter Qualification Badge for the M-16 Rifle].”

8.  The DD Form 214, issued to the applicant at the time of his separation from active duty on 13 September 1985 shows in item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entries:  “ARCOM [Army Commendation Medal]; NDSM [National Defense Service Medal]; VSM [Vietnam Service Medal]; ASR [Army Service Ribbon]; VNCM [Republic of Vietnam Campaign Medal]; SS [Silver Star]; BSM [Bronze Star Medal]; OSR [Overseas Service Ribbon]; Campaigns: VN [Vietnam] Counter Phase III, TET Counter Offensive; and CIB [Combat Infantryman Badge].”   

9.  The documents provided by the applicant included a request to the U.S. Army Reserve Personnel Center for award of the Silver Star, the Bronze Star, the Army Commendation Medal with “V” Device and the Purple Heart.

10.  There are no orders in the applicant’s service personnel 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.  The applicant’s name is not listed on the Vietnam Casualty Roster for wounds or injuries sustained as a result of hostile action.

11.  The applicant provided documents related to his claim to the VA for award of service connected disability.  A VA rating decision, dated 19 September 1996, states:  “We have been unable to obtain all the veterans service medical records. A review of the service medical records that we have received do not mention anything regarding any shrapnel wound of the left calf.”  The rating decision also states that at the time of his VA medical examination on 12 April 1996, the applicant provided the examiner with a history of a grenade explosion in Vietnam in 1968 where he sustained a shell fragment wound to the left calf.  The VA rating decision shows that examination revealed a small scar and x-rays revealed a small (5mm) metallic foreign body.  The rating decision concluded that under the “provisions of reasonable doubt service connection for residual, shell fragment wound, has been granted in favor of the veteran.”

12.  The Board noted that the applicant’s DD Form 214 which covers the applicant’s service in Vietnam shows award of the Army Commendation Medal; but there are no orders in the applicant’s records to support this award.  Review of 25th Infantry Division General Orders shows that the applicant was awarded the Army Commendation Medal with “V” Device by General Order 2795, dated 8 April 1968 for his actions on 1 January 1968.  There is no evidence the applicant received any additional awards of the Army Commendation Medal other than the award of the Army Commendation Medal with “V” Device. 

13.  The Board also determined that the applicant was entitled to award of the Bronze Star Medal for meritorious service for the period from November 1967 to November 1968 based on 25th Infantry Division General Order Number 7134, dated 8 October 1968.  This decoration is not shown on the applicant’s DD Form 214 with an effective date of 13 June 1969, but is shown on his DD Form 214 with a separation date of 13 September 1985.

14.  There is no evidence in the applicant’s records which shows that he was recommended for or awarded the Silver Star.  Upon request of the analyst in this case, the applicant provided a copy of 25th Infantry Division General Orders Number 9440, dated 18 July 1969, which awarded him the Silver Star for gallantry in action in Vietnam on 13 March 1968.  The applicant’s DD Form 214 with an effective date of 13 June 1969 does not show the entry for award of the Silver Star.  However, the applicant’s DD Form 214 with a separation date of 13 September 1985 does show the entry “SS” which is the entry for the Silver Star.   

15.  The Board noted that the applicant’s DD Form 214 covering his service in Vietnam does not show entitlement to any unit awards. 

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971.  This unit award is not shown on the applicant’s DD Form 214.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.  This unit award is not shown on the applicant’s DD Form 214.

18.  Army Regulation 600-8-22 (Military Awards) 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.

19.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

20.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

CONCLUSIONS:

1.  There is no evidence that the applicant was awarded the Purple Heart for wounds sustained in action during his service in Vietnam.  There is no medical evidence of record which shows that the applicant was treated for wounds or injuries sustained as a result of hostile action.  The Board noted the applicant signed his discharge document which did not show entitlement to award of the Purple Heart.  

2.  The Board also considered the determination by the Department of Veterans Affairs which awarded the applicant service connection for residuals of a shell fragment wound based on reasonable doubt.  However, the Board determined that reasonable doubt is not sufficient for award of the Purple Heart, particularly when the preponderance of evidence in the applicant’s military records shows that the applicant was not wounded as a result of hostile action or awarded the Purple Heart.  

3.  The Board also considered the statement by the applicant’s former platoon leader regarding the applicant’s wounding.  In this matter, the Board determined that this statement is not sufficient as a basis for award of the Purple Heart in the absence of any evidence of record which shows that the applicant was wounded as a result of hostile action, particularly since he was treated at a medical facility where the casualty report would have been rendered entitling the applicant to award of the Purple Heart if wounded as a result of hostile action.

4.  Based on the preceding conclusions, the Board finds there is no evidence of record upon which to base award of the Purple Heart in this case and the evidence submitted by the applicant is insufficient as a basis for award of the Purple Heart.  Therefore, the applicant is not entitled to award of the Purple Heart.

4.  Orders show that the applicant was awarded the Army Commendation Medal with “V” Device for his actions on 1 January 1968 in Vietnam.  The Army Commendation Medal is shown as an authorized award on the DD Form 214 covering his service in Vietnam and the DD Form 214 with a separation date of 12 September 1985, but there are no orders to support this award. Therefore, the Board determined that the applicant’s DD Forms 214 with an effective date of 13 June 1969 and with a separation date of 12 September 1985 are in error and should show the entry “Army Commendation Medal with “V” Device” instead of the current entry “Army Commendation Medal.”

5.  Orders show the applicant was entitled to award of the Bronze Star Medal for meritorious service in Vietnam; however, this award is not shown on his DD Form 214 covering the period of his service in Vietnam, but is shown on his DD Form 214 with a separation date of 12 September 1985.  Therefore, the Board has determined that the applicant is entitled to correction of his DD Form 214 with an effective date of 13 June 1969 to show award of the Bronze Star Medal.

6.  The applicant provided a copy of the General Orders awarding him the Silver Star for gallantry in action in Vietnam on 13 March 1968.  The applicant’s DD Form 214 with a separation date of 13 September 1985 shows the entry for award of the Silver Star; however, the applicant’s DD Form 214 with an effective date of 13 June 1969 does not show the entry for award of the Silver Star.  Therefore the applicant is entitled to correction of his DD Form 214 with an effective date of 13 June 1969 to show award of the Silver Star.

7.  Orders show the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on either of his DD Forms 214.  Therefore, he is entitled to correction of his DD Form 214 with an effective date of 13 June 1969 and his DD Form 214 with a separation date of 12 September 1985 to show these unit awards.

8.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by deleting from items 24 and 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), respectively, of the DD Forms 214 of the individual concerned with an effective date of 13 June 1969 and with a separation date of 13 September 1985 the entry “Army Commendation Medal”;

	b.  by showing in items 24 and 13, respectively, of the DD Forms of the individual concerned with an effective date of 13 June 1969 and with a separation date of 13 September 1985 that he was awarded the Army Commendation Medal with “V” Device;

	c.  by showing in item 24 of his DD Form 214 with an effective date of 13 June 1969 that he was awarded the Bronze Star Medal for meritorious service and the Silver Star;

	d.  by showing in items 24 and 13, respectively, of his DD Forms 214 with an effective date of 13 June 1969 and with a separation date of 13 September 1985 that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and 

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

BOARD VOTE:  

___TFB__  __JTM__  ___JH___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____ Ms. June Hajjar___
		        CHAIRPERSON

INDEX

CASE ID	AR2000048722	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010816	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0015.0000	
2.	107.0007.0000	
3.	107.0014.0000	
4.	107.0020.0000	
5.		
6.