PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           2 July 2002
	DOCKET NUMBER:   AR2002071119

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur O. Omartian		Member	
	Mr. Raymond J. Wagner		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, that his military records be corrected to show award of the Purple Heart (PH). 

3.  The applicant states, in effect, that while serving in the Republic of Vietnam (RVN) he was wounded by friendly fire.  He claims that he was wounded at his base camp during a mortar attack in June or July 1967.  He states that the battalion medic informed him that because his wounds were the result of friendly fire, he was not eligible to receive the PH.  He further states that since others have received the PH who were not in the military, he feels deserving and believes he should be awarded the PH.

4.  The applicant’s military records show that on 17 January 1966, he was inducted into the Army for 2 years.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) and he continuously served on active duty for 1 year, 10 months, and 11 days, until being honorably separated on 26 November 1967.

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 1 December 1966 to 30 November 1967.  It also shows that while serving in the RVN, he was assigned to Company B, 3rd Battalion, 
60th Infantry Regiment, 9th Infantry Division, and that he performed duties in MOS 11B as a Light Weapons Infantryman.  Item 40 (Wounds) is blank and contains no entry, which indicates that he was not wounded in action during his active duty tenure.  Item 41 (Awards and Decorations) shows that he earned the following awards:  National Defense Service Medal; Vietnam Service Medal; Combat Infantryman Badge; and RVN Campaign Medal with 60 Device.  The PH is not included in this list of awards.  

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or documents indicating that while he was serving in the RVN, the applicant was ever wounded as a result of enemy action or as the result of friendly fire, or that he was recommended for or awarded a PH.  The MPRJ is also void of derogatory information that would have disqualified the applicant from receiving the Army Good Conduct Medal (AGCM) or any indication that he was ever disqualified from receiving the AGCM by any of the active duty unit commanders for which he served.  

7.  The applicant’s separation physical examination (SF 88), dated 27 November 1967, which cleared him for separation, gave no indication that the applicant ever sustained a combat wound while serving on active duty.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.  A wound is defined as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.  

9.  The regulation does state that individuals wounded or killed as a result of " friendly fire" in the "heat of battle" will be awarded the PH as long as the " friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.  However, it also stipulates that to support awarding the PH there must be evidence confirming that the wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. 

10.  Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN.  Table B-1 lists all campaigns and confirms that during his assignment tenure in the RVN, the applicant participated in the following four campaigns:  Vietnam Counteroffensive; Vietnam Counteroffensive Phase II; Vietnam Counteroffensive Phase III; and Tet Counteroffensive.  

11.  Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years; however, in the case of the first award, the qualifying period is 1 or more years when it is awarded at the termination of a period of Federal military service.  There is no automatic entitlement to the AGCM; however, disqualification must be justified.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This document confirms that the applicant’s unit received the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his assignment tenure in the RVN. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to receive the PH for wounds he received in action as a result of friendly fire.  However, it finds insufficient evidence to support this claim.  By regulation, the PH is authorized for personnel who are wounded by friendly fire.  However, in order to support awarding the PH there must be evidence to show that the wound for which the award was being made was treated by military medical personnel, and that this treatment was made a matter of official record.  

2.  The evidence of record gives no indication that the applicant ever sustained or was treated for a wound he received in the RVN as a result of friendly fire or otherwise, or that he was ever awarded the PH.  Further, the medical examination that cleared him for separation made no reference to his being wounded while serving on active duty.  

3.  The Board wishes to congratulate the applicant on his combat service in the RVN and advise him that it does not question the veracity of his claim of entitlement to the PH.  However, lacking official record confirmation or any independent evidence to show that he was wounded while serving in the RVN, the Board is compelled to deny this requested relief.  This action is taken solely on the basis of insufficient evidence, in the interest of all those who served in the RVN and who faced similar circumstances. 

4.  During the review of this case, the Board did discover that the applicant is entitled to awards that were not included in his records or in his separation document, and it concludes that it would be appropriate to add these awards to his records at this time. 

5.  The evidence of record confirms that the applicant served a qualifying period of honorable service, from 17 January 1966 through 26 November 1967, that entitles him to receive the first award of the AGCM.  Lacking any derogatory information on file and/or a specific disqualifying action from any of the active duty commanders for which he served that would preclude him from receiving this award, the Board concludes that it would be appropriate to add it to his record at this time. 

6.  The record also confirms that during his assignment tenure in the RVN, the applicant participated in four campaigns, which entitles him to 4 bronze service stars with his Vietnam Service Medal.  In addition, the unit in which he served was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Thus, the Board also concludes that it would be appropriate to add these awards to his record at this time.
7.  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 first award of the Army Good Conduct Medal, for his honorable service from 17 January 1966 to 26 November 1967; by showing that based on his service in the RVN he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars with his Vietnam Service Medal based on his campaign participation; and by providing him a corrected separation document that reflects these awards.

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

BOARD VOTE:  

__KAK__  __AOA__  __RJW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Karol A. Kennedy___
		        CHAIRPERSON

INDEX

CASE ID	AR2002071119	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/02	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Partial Relief	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.