PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           09 APRIL 2002                   
	DOCKET NUMBER:   AR2001066232

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, Jr.		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, in effect, award of the Purple Heart.  He states, in effect, that "while in [a] war zone" he sustained a "crushing injury to [his] left wrist" and had four fingers "sewn back together" at the 93rd Evacuation Hospital in Vietnam.  He notes that he sustained his injuries while working to protect the 93rd Evacuation Hospital in early 1968, is now receiving disability compensation from the VA, and has no use of his left wrist.  In support of his request he submits a self-authored statement, a letter confirming disability compensation, and copies of a letter of commendation commending his engineer unit for the "construction of the 93rd Evacuation Hospital revetments and personnel bunkers" in the spring of 1968.  He also describes his engineer duties while in Vietnam, his service during the 1968 TET offensive, and provides documents showing the location of his duties while in Vietnam. 

2.  He served on active duty between 4 August 1966 and 14 March 1969.  While undergoing training at Fort Leonard Wood, Missouri, he was awarded a Sharpshooter Qualification Badge with "Rifle" bar.  The badge was not reflected on his 1969 DD Form 214 (Armed Forces of the Unite States Report of Transfer or Discharge.  The applicant was assigned to Vietnam as a member of Company B, 169th Engineer Battalion between January 1968 and March 1969. 

3.  On 13 March 1969 the applicant underwent a separation physical examination.  Although the examination notes that the applicant was treated for a broken elbow, cracked ankle, and fractured wrist, there is no indication any of the injuries were the result of hostile action.

4.  There is no evidence, or medical records, which confirm he was wounded as a result of hostile action while in Vietnam.  The applicant's name is not listed on the Vietnam Casualty List.

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.  Wounds or injuries which were accidentally incurred, even though they may have occurred in a combat zone, do not meet the requirements for an award of the Purple Heart.

6.  Subsequent to the applicant's separation, in 1993, officials at the Army Reserve Personnel Center authorized issuance of an Army Good Conduct Medal to the applicant.  There is, however, no indication that his 1969 separation 

document was corrected to reflect the award.  The applicant did, however, have honorable service between 4 August 1966 and 14 March 1969 with no evidence of any misconduct.

7.  By virtue of the applicant's service in Vietnam, between January 1968 and March 1969 with the 169th Engineer Battalion, he is entitled to a Meritorious Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal Unit Citation, and one silver service star and one bronze service star on his Vietnam Service Medal.

CONCLUSIONS:

1.  There is no evidence, and the applicant has not provided any, which confirms he was wounded as a result of hostile action and as such there is no basis for an award of the Purple Heart.

2.  The applicant did, however, complete a qualifying period of service for award of the Good Conduct Medal on 14 March 1969 and the Board finds no basis to deny him the award for the period 4 August 1966 through 14 March 1969.

3.  The Board notes the applicant is also entitled to a Meritorious Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal Unit Citation, and one silver service star and one bronze service star on his Vietnam Service Medal.  His records should be corrected accordingly.

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:

a.  by awarding the individual concerned the Good Conduct Medal for the period 4 August 1966 through 14 March 1969; and

b.  by showing that he is entitled to a Meritorious Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal Unit Citation, and one silver service star and one bronze service star on his Vietnam Service Medal.

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

BOARD VOTE:  

___RVO_  __RJW__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2001066232	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020409	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.