PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 August 2002
	DOCKET NUMBER:   AR2002071828

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Harry B. Oberg		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.

3.  The applicant states that he was the senior medic in the field with the 299th Engineer Battalion (Combat).  His duty was to give medical support to the combat engineers on daily mine sweeps from Kontum to Dak To.  On 27 August 1968, the truck he was riding in hit an anti-tank enemy mine and he was thrown from the truck, hurting his neck and back.  He was medically evacuated to the hospital in Pleiku.  He was told it was muscle spasm and he was returned to the field.  He was a medic so he was able to treat himself.  Shortly after his discharge, x-rays were taken and it was discovered he had a fracture of T-8.

4.  The applicant’s military records show that he was inducted into the Army on 28 July 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 12A (Pioneer).

5.  The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Company, 299th Engineer Battalion (Combat) on or about             21 December 1967 where he performed duties as a medical specialist.  He was awarded primary MOS 91B (Medical Specialist) on 2 March 1968 and secondary MOS 12B (Combat Engineer) on 4 April 1968.

6.  A Clinical Record Radiographic Report dated 27 August 1968 shows the applicant was involved in a mine accident and thrown around a truck.  He was treated for pain bilateral in the para-cervical area.

7.  The applicant departed Vietnam on 3 December 1968.  He was released from active duty on 25 July 1969 after completing 1 year, 11 months, and 28 days of creditable active service with no lost time.  His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency were rated as excellent throughout his service.  

8.  On 29 March 1993, the U. S. Army Reserve Personnel Center, in response to an inquiry from Senator McCain, noted that the applicant’s records showed he was accidentally injured when the jeep he was in hit a mine and that accidental injuries received in a combat zone are not considered as wounds received in action.

9.  Army Regulation 600-8-22 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.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  Examples of enemy-related injuries which clearly justify award of the Purple Heart includes an injury caused by enemy placed mines or traps.  Individuals wounded or killed as a result of “friendly fire” in the “heat of battle” will be awarded the Purple Heart as long as the “friendly” projectile or agent was released with the full intent of inflicting damage on or destroying enemy troops or equipment.

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

11.  Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters,   U. S. Military Assistance Command and its subordinate units during the period    8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1.  The Board concludes that the Clinical Record Radiographic Report dated     27 August 1968 pertaining to the applicant is sufficient evidence to show he met the eligibility criteria for award of the Purple Heart.

2.  Unlike other objects, such as trees or roadblocks, that are often instrumental in causing vehicular accidents in a combat zone, the sole purpose of a mine is to wage war.  If the mine which the applicant's truck hit was placed by the enemy, it was placed with the full intent to cause death or destruction to American and allied troops or equipment.  If it was placed by American or allied troops, it was placed with the full intent of inflicting damage on or destroying enemy troops or equipment and anytime it damaged or destroyed those enemy troops or equipment would be considered as "in the heat of battle."  In either case, the applicant was not involved in an ordinary accident and the injuries he received in that accident were either enemy-caused or the result of "friendly fire."

3.  The evidence of record shows that the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 28 July 1967 – 25 July 1969.  He was also assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is authorized this unit award also.

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 awarding the applicant the Purple Heart for wounds received         on 27 August 1968 and the Army Good Conduct Medal for the period 28 July 1967 – 25 July 1969.

2.  That the applicant’s DD Form 214 be amended to add the Purple Heart, the Army Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

__MKP__  __CJP __  _ _HBO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2002071828	
SUFFIX		
RECON		
DATE BOARDED	2002/08/29	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL RELIEF	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.