PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           1 August 2002                   
	DOCKET NUMBER:   AR2002072406

	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. Samuel A. Crumper		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 military records be corrected to show he was awarded the Purple Heart.

3.  The applicant states, in effect, that he is entitled to the Purple Heart for a friendly fire injury he received in combat in Vietnam.

4.  In support of his request, he submits a copies of pictures he asserts show him receiving the Purple Heart, an extract from his civilian medical records which indicates there is a small 5 mm radio-opaque foreign body noted over the left chest area that may be due to an old penetrating trauma and a combat operations after-action report that indicates that on 1 March 1967, two personnel from Company C (the applicant’s unit) were slightly wounded by friendly fire.  Also submitted are three letters with envelopes post marked March, April, and June 1967, wherein the applicant informed his parents that he had been wounded and awarded the Purple Heart.  He also submits three eyewitness statements.  One eyewitness, a retired colonel, states he was the applicant's company commander at the time.  He attests that he recalls an incident where the applicant and another soldier were on a listening post when the other soldier heard movement and threw a grenade toward the noise.  The hand grenade traveled only a few feet before it hit a branch or some form of undergrowth and then detonated.  The applicant was slightly wounded in the back by grenade shrapnel.  The witnesses’ recollection of this event is sharpened by the fact that his battalion commander at the time later counseled him to the effect that his leadership failure resulted in his soldiers hurting themselves.  The witness cannot account for the fact that no orders were cut for the award except to say that the regular medic was away at school and a temporary medic was filling in for him and the fact that the applicant's wounds were treated in the field.  He also remembers that awards such as the Combat Infantryman Badge and Purple Heart were often presented before receipt of the actual orders.  The witness says that he has seen the photographs in the applicant's possession and he is absolutely convinced they depict the brigade commander presenting the Purple Heart to the applicant.  He provides the Board a copy of his assumption of command orders for Company C, 2nd Battalion, 28th Infantry to prove that he was present at the time in question.  The two other eyewitnesses state that they served with the applicant in Vietnam when he was wounded.  One eyewitness also says that he remembers the applicant being bandaged and staying back at the base camp while he recovered from his wounds.  

5.  The applicant’s military records show that he was inducted on 16 August 1966.  He was trained as a 31G, Communications Specialist, and achieved the rank of sergeant.  He served in the Republic of Vietnam (RVN) from 10 January 1967 through 7 January 1968, while assigned to Company C, 2nd Battalion, 28th Infantry, 1st Infantry Division.  His character of service was honorable, and he was transferred to the US Army Reserve on 15 August 1968.  He had completed a total of 2 years, 0 months and 0 days of creditable active service and had no lost time.

6.  The pictures provided by the applicant show an individual being pinned with the Purple Heart.  The soldier in the picture is wearing a uniform that has no US Army nametag or rank.  The applicant's record contains his identification card picture, which resembles the individual being awarded the Purple Heart in the pictures.

7.  His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, signed by the applicant, reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal, the Combat Infantryman Badge and the Marksman Badge with rifle bar.  The Purple Heart is not listed as an authorized award.

8.  The applicant’s DA Form 20 (Enlisted Qualification Record), signed by him, shows the applicant served as an infantryman.  It does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  Awards listed in item 41, but not reflected on his DD Form 214, are the Army Commendation Medal with 1st Oak Leaf Cluster, and two Overseas Bars.

9.  His record contains orders that show he was also awarded the Bronze Star Medal for the period January 1967 to December 1967. 

10.  On 23 April 1968, the applicant completed a Report of Medical History form in preparation for a separation physical examination.  In response to the question "Have you ever had any illness or injury other those already noted?" the applicant indicated "No," and there are no entries on the form concerning any illness or injuries.

11.  Army Regulation 600-8-22 (Military Awards) 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, and the medical treatment must have been made a matter of official record.

12.  The same regulation provides, in pertinent part, that the Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service: for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

13.  The same regulation provides that a Bronze Service Star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  In the applicant’s case, he is entitled to credit for the Vietnam Counteroffensive, Phase II and Phase III Campaigns.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to Company C, 2nd Battalion, 28th Infantry, 1st Infantry Division, the unit was cited for award of the Republic of Vietnam Gallantry (RVN) Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Orders Number 51, dated 1971, and the RVN Civil Actions Honor Medal-First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO 53, dated 1970.

15.  Army Regulation 600-200, Enlisted Personnel Management System, the regulation then in effect, provides that item 40 (Wounds) of the Enlisted Qualification Record, will contain a brief description of wounds or injuries requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.

CONCLUSIONS:

1.  While the Board has no reason to doubt the applicant’s statement that he was in fact wounded, documentary evidence is required to correct a military record.
The Board considered the eyewitness statements submitted on behalf of the applicant who asserts that he was wounded by friendly fire and was awarded the Purple Heart.  However, these statements and the other unofficial documents he submitted are not sufficient by themselves as a basis for award of the Purple Heart, in view of evidence of record which does not support that he was wounded or awarded the Purple Heart.  The applicant did, on three occasions, by his own signature attest to the accuracy of documents indicating that he had not been wounded and that he had not received the Purple Heart.  In fact, just prior to separation the applicant endorsed the accuracy of his medical records stating that he had not been injured.  In light of the evidence available, the Board concludes there is insufficient evidence to approve the award of the Purple Heart.

2.  Nonetheless, in reviewing his case it was noted that he is entitled to the Bronze Star Medal, the Army Commendation Medal with 1st Oak Leaf Cluster, the Vietnam Service Medal with two Bronze Service Stars, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal-First Class, and two Overseas Bars, and is entitled to a correction of his records to show these awards.

3.  Similarly, the applicant’s service was meritorious, as evidenced by his promotion to pay grade E-5, and award of the Army Commendation Medal.  Likewise, the record is devoid of any evidence of disciplinary action taken or contemplated against him.  As such, it would appear that the absence of the Good Conduct Medal for the period of his service from 16 August 1966 through 15 August 1968 was in error and he is entitled to a correction of his records to show this award.

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 showing that the individual concerned was awarded the Bronze Star Medal, the Army Commendation Medal with 1st Oak Leaf Cluster, the Good Conduct Medal for the period 16 August 1966 through 15 August 1968, the Vietnam Service Medal with two Bronze Service Stars, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal-First Class Unit Citation, and two Overseas Bars.

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

BOARD VOTE:  

___sac__  ___mhm_  ___rks __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Samuel A. Crumper_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002072406	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020801	
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.