PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           8 November 2001   
	DOCKET NUMBER:   AR2001058809

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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 correction of his records to show award of the Purple Heart (PH).

3.  The applicant states that he was never awarded the PH that he is entitled to receive due to a gunshot wound that he sustained while serving in the Republic of Vietnam (RVN).  In support of his request, he submits a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a VA Form 21-6782 (Original Disability Compensation).  The Department of Veterans Affairs (VA) assigned the applicant a 10% disability rating for gunshot wounds in both his left and right buttocks effective 26 November 1970.

4.  The applicant’s military records show that, on 20 March 1969, he was inducted into the Army of the United States.  He served in military occupational specialty (MOS) 51B (Carpenter).  He served in the RVN with Company C, 864th Engineer Battalion from 5 August 1970-26 October 1970. 

5.  The available evidence shows that the applicant was returning from a work site in the RVN on 8 October 1970 when a hostile force ambushed the vehicle in which he was riding and he was wounded in both buttocks by small arms fire.

6.  On 19 October 1970, the applicant's wound was "debrided."  He was then air evacuated to the United States with a drain in the right buttocks on 22 October 1970.  He was assigned to the Medical Holding Company, Fort Gordon, Georgia where he was further treated and evaluated.  He was then placed on convalescent leave.

7.  On 25 November 1970, the applicant was determined to be fit for separation without a profile.  The attending physician determined that all of his wounds were healed and no further hospitalization was necessary.  

8.  On 25 November 1970, the applicant was honorably discharged.  His DD Form 214 shows only that he was authorized award of the National Defense Service Medal, the Vietnam Service Medal (VSM) and the Marksmanship Qualification Badge for the Rifle.

9.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

10.  AR 600-8-22 provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

11.  AR 600-8-22 provides that the GCMDL is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the GCMDL, disqualification must be justified.  

12.  AR 600-8-22 also provides, in pertinent part, for award of the Vietnam Campaign Medal (VCM).  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the VCM.

13. AR 600-8-22, in pertinent part, 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 bronze service stars will be worn on the appropriate service medal.  The applicant served in the RVN during the Counteroffensive, Phase VII campaign.

14.  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 the unit to which the applicant was assigned was cited for award of the RVN Civil Actions Honor Medal for the period between 1 October 1970-31 July 1971 by Department of the Army General Order Number 11, dated 1973.  The applicant's DD Form 214 does not show this award as an authorized award because it was awarded to his unit after he had been discharged.

CONCLUSIONS:

1.  The applicant's official military personnel file contains sufficient medical evidence to demonstrate that he was treated for a gunshot wound received as a result of action against a hostile force while serving in a hostile environment.  Therefore, he is entitled to the award of the PH.
2.  The applicant's records should also be corrected to show that he is entitled to award of the GCMDL, the RVN Civil Actions Honor Medal, the VCM, and a bronze service star for his VSM.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show award of the PH, GCMDL, the RVN Civil Actions Honor Medal, the VCM, and a bronze service star for his VSM.

BOARD VOTE:  

_FNE    _  ___BJE__  __KYF___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001058809	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011108	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19701125	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.