PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            16 July 2002
	DOCKET NUMBER:    AR2002072951

	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		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		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, in effect, that he be awarded the Purple Heart for wounds received in Vietnam in 1970.

3.  The applicant states that he was wounded in Vietnam and hospitalized.  He was eventually medically retired because of the wounds received in Vietnam.

4.  The applicant’s military records show that he was inducted on 4 August 1969, was awarded the military occupational specialty (MOS) 13E, Fire Control, and served in Vietnam with the 1/82nd Field Artillery, Americal Division, from 20 December 1968 through 21 August 1970.  His conduct and efficiency ratings during this assignment are recorded as excellent.  He was retired for permanent physical disability on 23 April 1971 in the grade of specialist 4.

5.  Awards reflected on his DD Form 214, Armed Force of the Unites States Report of Transfer or Discharge, include the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal with 1960 device.  The Purple Heart is not shown as an authorized award.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) 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 on his DD Form 214, are the Sharpshooter Badge with rifle bar and Expert Badge with grenade bar.

7.  No orders reflecting the award of the Purple Heart to the applicant were found in the files maintained by the Total Army Personnel Command.

8.  An excerpt from the applicant's Medical Board proceedings dated 2 February 1971 describes that the applicant suffered wounds from the explosion of a claymore mine while on patrol in Vietnam, on 12 August 1970.

9.  A DA Form 199, Physical Evaluation Board (PEB) Proceedings, reflects that the applicant was retired because of physical disability.  The PEB made the finding that the applicant's retirement was based on disability resulting from injury or disease received in line of duty as a result of armed conflict or caused by an instrumentality of war and incurred in line of duty during a period of war as defined by law.

10.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

11.  Instructions for awarding the Purple Heart also provide that 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 or destroying enemy troops or equipment.

12.  The same regulation provides for award of the Vietnam Service Medal to all members of the Armed Forces of the United States who served in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.  One bronze service star is authorized for each campaign occurring while the individual is under orders in the combat zone.  In the applicant’s case, he is entitled to credit for the Vietnam Winter-Spring 1970 Campaign and the DA Sanctuary Counteroffensive Campaign.

13.  The same regulation provides for award of the Good Conduct Medal to all members of the Armed Forces of the United States who distinguish themselves by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service.  For the first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year.

14.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

CONCLUSIONS:

1.  The applicant's records indicate that he suffered a wound from the detonation of a claymore mine, a US weapon.  Under current standards award of the Purple Heart can be made whether enemy or friendly action caused a wound so long as the projectile was released with the intent of inflicting damage on the enemy.  Accepting that the detonation of the claymore caused his wound and assuming the detonation that caused the wound was intended to inflict damage on the enemy, it could be construed that he is entitled to the Purple Heart, and it would be appropriate to amend his DD Form 214 to reflect this award.

2.  The applicant’s DD Form 214 reflects that he served honorably during a period of conflict, that he was honorably discharged and had no lost time, therefore, the Board concludes that he most likely was qualified for the award of the Good Conduct Medal for the entire period of service from 4 August 1969 through 23 April 1971, and it would be appropriate to amend his DD Form 214 to reflect this award.

3.  The applicant's DA Form 20 reflects that he was awarded the Sharpshooter Badge with rifle bar and Expert Badge with grenade bar, and it would be appropriate to amend his DD Form 214 to reflect these awards.

4.  Furthermore, in consideration of the fact that his Vietnam tour was abbreviated because of wounds from hostile action and considering his period of service in Vietnam, he is entitled to two bronze service stars on his already awarded Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart for wounds received on 12 August 1970, two bronze service stars on the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Badge with rifle bar, the Expert Badge with grenade bar, and the Army Good Conduct Medal for the period 4 August 1969 through 23 April 1971.

BOARD VOTE:  

____fne _ _  ___mhm_  ___dph_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Fred N. Eichorn___________
		        CHAIRPERSON

INDEX

CASE ID	AR2002072951	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED		
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.