PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 October 2001
	DOCKET NUMBER:   AR2001058534

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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 for injuries received in Vietnam.

3.  The applicant states, in effect, that on 9 October 1967, while stationed in Vietnam, his platoon was attacked by approximately 200 North Vietnamese Army soldiers.  When the fighting started he was carrying a case of “C-Rations”, a claymore mine and several hundred rounds of ammunition in his backpack.  He dove to the ground and experienced a sharp pain to his back.  After the fighting was over he complained of back pain and was brushed off as someone trying to get off the front lines and the medic had been killed so he was not seen by medical personnel.  After a few months it got better and he was transferred to Fort Hood, Texas.  He began to experience pain again, went on sick call and was treated as if he were trying to get out of duty so he never went back for treatment.  He continues by stating that he eventually was able to get disability from the VA at 10% and that it has since been changed to 50% for his back and 30% for Post Traumatic Stress Disorder (PTSD).  He further states that he should have received a Purple Heart for his injury at the time and would like to have what he has earned at this time.

4.  The applicant’s military records show that he was inducted in Portland, Oregon on 9 November 1966.  He successfully completed his training and was transferred to Vietnam on 8 May 1967 for duty as an infantryman.  He was initially assigned to Company A, 1st Battalion, 35th Infantry Regiment and on 10 September 1967 was transferred to Company D, of the same battalion.  He departed Vietnam on 3 May 1968 and was transferred to Fort Hood, Texas.  

5.  On 16 August 1968 he submitted a request for early separation to attend school. His request was approved and he was honorably released from active duty on 23 September 1968 in the pay grade of E-4.  He had served 1 year, 10 months and 15 days of total active service and was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

6.  A review of his records shows that at the time he underwent his separation physical and medical examination, he revealed no injuries or wounds.  His records also fail to indicate that he was injured or wounded in combat.  However, his records contain no indication of any adverse action being taken against him and show that he had excellent conduct and efficiency ratings.

7.  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.
8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the units the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM - FC) Unit Citation and the Valorous Unit Award (VUA) for the period in which he served.

9.  Army Regulation 672-5-1, in effect at the time, provided the criteria for award or disqualification of the Good Conduct Medal (GCMDL).  It states, in pertinent part, that in instances of disqualification, as determined by the unit commander, the commander will prepare a statement of disqualification outlying the rationale for disqualification and refer it to the individual concerned for comment.  After considering the individuals comments, if the decision remains the same, the disqualification statement along with the individuals statement will be forwarded to the custodian of personnel records for entry into the individual’s records and establishment of a new eligibility date.  An entry of disqualification on the personnel records is required.

CONCLUSIONS:

1.  Notwithstanding the applicant’s assertion that he was injured in combat against the enemy, the evidence submitted by the applicant as well as the evidence of record fails to bear this out.  Accordingly, in the absence of evidence to the contrary, the Board finds no basis to award him the Purple Heart.

2.  While there is no evidence to show that he was awarded the GCMDL, the Board finds that given the lack of disqualifying evidence to show that he would not have been entitled to the award, that it is reasonable to believe that it was an administrative oversight on the part of the Department and that he should have been awarded the GCMDL at the time of separation.  Accordingly, it would be in the interest of justice to do so at this time.

3.  Although authorized after the applicant’s separation from the service, the evidence of record also shows that he is entitled to awards of the RVNGCw/Palm Unit Citation, the RVNCAHM-FC Unit Citation and the VUA. 

4.  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 individual concerned the RVNGCw/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the VUA, and the GCMDL for the period of 9 November 1966 to 23 September 1968. 

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

BOARD VOTE:  

__hbo___  __cla____  ___ao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Celia L. Adolphi_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001058534	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015 /PH	
2.  79	107.0033/VUA	
3.  102	107.0056/GCMDL	
4.  140	107.0094/RVNGC	
5.  141	107.0095/RVNCAHM	
6.