PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           6 August 2002                   
	DOCKET NUMBER:   AR2002070406

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Paula Mokulis		Member	
	Mr. Donald P. Hupman		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 (PH).

3.  The applicant states that he was in a convoy that was ambushed.  He received a shrapnel wound during that ambush which was treated by the unit’s medic.  However, his wound and treatment were never reported which kept him from being awarded the PH.

4.  In support of his request the applicant submits a page from his Department of Veterans Affairs (DVA) medical records, articles concerning the ambush in question, and a photo of enemy weapons his unit had captured.

5.  The applicant’s military records show that he was inducted on active duty on 2 November 1965, was awarded the military occupational specialty of armor intelligence specialist, and was promoted to pay grade E-4.  He served in Vietnam from 20 August 1966 to 19 August 1967.  He was assigned to B Troop, 1st Squadron, 11th Armored Calvary Regiment from 17 May 1966 to 20 April 1967 (the unit had a permanent change of station from Fort Meade, Maryland, to Vietnam while the applicant was assigned to it), and was assigned to C Troop, 3rd Squadron, 5th Cavalry from 21 April to 9 August 1967.  He was honorably released from active duty on 10 August 1967 due to having insufficient time left on his active duty service obligation to warrant reassigning him after his return from Vietnam.  He was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Expert Badge with Rifle Bar, the Vietnam Campaign Medal, the Vietnam Service Medal, and the Overseas Service Bar.  The applicant’s records do not contain any evidence of any disciplinary action being taken against him.

6.  The applicant’s DA Form 20, Enlisted Qualification Record, item 40, Wounds, is blank.  In the applicant’s separation physical examination taken on 10 August 1967, he completed a Report of Medical History, SF 89.  He did not list any wounds on that form and answered “No” to the questions “Have you ever had any illness or injury other than those already noted?” and “Have you consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years?”

7.  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.

8.  Army Regulation 600-8-22 also provides that the Army Good Conduct Medal (AGCM) 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.

9.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that B Troop, 1st Squadron, 11th Armored Calvary Regiment, was awarded the Presidential Unit Citation for the period 21 November through 2 December 1966.  The unit also received the Republic of Vietnam Gallantry Cross with Palm Unit Citation awarded to all units in Vietnam from 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1.  While the Board has no doubt that the applicant was wounded in the ambush of his convoy as he states, such individual statements are acceptable only where corroborating evidence is available from official sources.  In the absence of such information, there is insufficient evidence on which to base an award of the PH.  As noted by the applicant himself, no record was made of his wound or the treatment he received for that wound.

2.  However, the applicant served honorably and diligently, as evidenced by his being promoted rapidly and not having any disciplinary action taken against him.  As such, it would appear that the applicant should have been awarded the AGCM.

3.  In addition, the applicant was assigned to B Troop, 1st Squadron, 11th Armored Calvary Regiment when it was awarded the Presidential Unit Citation and when it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards should also be added to his DD Form 214.

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:

a.  showing that the individual concerned was awarded the AGCM for the period covering 2 November 1965 through 10 August 1967; and

b.  adding the AGCM, the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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

BOARD VOTE:  

___lls___  ___pm___  ____dph_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Luther L. Santiful__________
		        CHAIRPERSON

INDEX

CASE ID	AR2002070406	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020806	
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.