PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           8 November 2001
	DOCKET NUMBER:   AR2001059118

	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. Walter Avery, Jr.		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 that his Report of Separation or Discharge (DD Form 214) be corrected to show he was awarded the Purple Heart and the Army Commendation Medal (ARCOM).

3.  The applicant states, in effect, that he sustained injuries while in combat in Vietnam and that the evidence he is submitting shows that he is entitled to the Purple Heart.  He asserts that the Code of Federal Regulation (CFR) 3.102, which he furnishes with his request, states that if a reasonable doubt occurs in regard to a veteran’s claim, the claim should be resolved in favor of the veteran.

4.  The Memorandum of Consideration reflecting the 10 November 1999 review of his case AR1999025657 is incorporated herein by reference as if wholly set forth.  His previous requests for reconsideration were administratively closed on 26 October 2000 and 9 April 2001, due to an inability to locate any of the applicant’s military records.

5.  The applicant submits a copy of General Orders Number 943, showing that he was awarded the ARCOM, and copies of DA Forms 1594, Daily Staff Journal or Duty Officer’s Logs.  The daily logs cover the period 28 May 1968 to 25 April 1969.  The applicant served in Vietnam from 28 April 1968 to 27 April 1969.  The 71st Evacuation Hospital prepared the logs, which also contain entries referring to the unit the applicant was assigned to.  There are numerous entries reporting that the compound was under enemy attack and taking casualties.

6.  These documents were not previously available to the Board and constitute new evidence that requires Board review.

7.  In a conversation with a member of the staff of the Board, the applicant, in effect, explained it was not unusual that accurate medical records were not kept. He was stationed with medical personnel and was treated like a member of the staff.  They all knew each other.  Since it was his commander (who was also a doctor) who took him to the hospital, he of course was treated and no record may have been made.  He explained that the staff journal logs do not mention him by name, but do show that the compound on which his unit was stationed was under regular attack resulting in constant injuries.  He states he would not request the Purple Heart award if he did not deserve it.  He is also curious as to how the Board could not take the word of his commanding officer.

8.  Army Regulation 600-8-22 provides, in pertinent part, that one bronze service star is authorized for the Vietnam Service Medal for each campaign when assigned for duty with a unit during the period in which it participated in combat, or was under order to such unit in a combat zone.  The applicant was assigned during the period in which four campaigns took place.

9.  The same regulation 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.

10.  Based on Department of the Army General Orders Number 8, dated 19 March 1974, all units assigned to Vietnam between 8 February 1962 to 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

CONCLUSIONS:

1.  The evidence available indicates that the applicant was awarded the ARCOM, earned four bronze service stars to his Vietnam Service Medal and is entitled to the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is therefore, entitled to have these awards shown on his DD Form 214.

2.  The CFR 3.102 referred to by the applicant applies to Department of Veterans Affairs claims and is not applicable to the actions of this Board.

3.  The staff journal logs reflect that the compound where the applicant was stationed was regularly under attack and that casualties were suffered.  Unfortunately, the staff journal logs do not mention the applicant by name and do not provide any information specific to his alleged injury.

4.  The overall merits of the case, including the latest arguments by the applicant are insufficient as a basis for the Board to reverse or amend its previous decision concerning the Purple Heart.

5.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error and rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Army Commendation Medal, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.                                                                                                                                                 2.  That so much of the application as in excess of the foregoing be denied.

BOARD VOTE:  

___fne___  ___bje___  ___kyf__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Fred N. Eichorn__________
		        CHAIRPERSON

INDEX

CASE ID	AR2001059118	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011108	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.