RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            27 APRIL 2004                  
	DOCKET NUMBER:   AR2003096187

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Mr. Patrick J. McGann, Jr.		Member	
	Mr. Marla J. N. Troup		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests award of the Purple Heart.

2.  The applicant states that there are no records of the injuries he sustained to his left hand, nor any records of his hearing problem.  He was in the medical center for three days before being sent home.  There are no medical records of his injuries.

3.  The applicant provides no evidence.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 31 December 1967.  The application submitted in this case is dated 4 August 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted into the Army on 11 January 1966, completed training and was assigned to Fort Bliss, Texas as an automatic weapons crewman with an artillery battery.  In February 1967 he went with his unit to Vietnam.  While in Vietnam he was assigned as a gunner with Battery E, 41st Artillery, and later as a squad leader with Battery C, 4th Battalion, 60th Artillery.  The applicant was promoted to sergeant in November 1967.  He returned to the United States and was released from active duty on 31 December 1967 at Fort Lewis, Washington.  He participated in two campaigns during his tour in Vietnam. Battery E, 41st Artillery was awarded the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions while the applicant was assigned to that unit.  The 4th Battalion, 60th Artillery was awarded the Meritorious Unit Commendation for its actions while the applicant was assigned to that unit.

4.  The applicant's DD Form 214 (Report of Transfer or Discharge) shows award of the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with rifle (M-14) bar.  It does not show award of the Purple Heart.  

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show that he was wounded in action, nor does it indicate that he was awarded the Purple Heart.  That form does show that his conduct and efficiency were excellent during his military service.  

6.  Prior to his release from active duty, on 31 December 1967, the applicant underwent a medical examination.  The report of medical examination shows that he was medically qualified for separation with a physical profile serial of              1 1 1 1 1 1.  In the report of medical history that the applicant furnished for the examination the applicant stated that his health was fair.  He gave the same assessment of his health upon his induction in 1965.  Neither report indicated that he had been wounded or that he had suffered any injuries during his service. The applicant himself stated that he had never had any illness or injury other than mumps as a child, and foot trouble (pes planus).  He also indicated that he had not consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years.

7.  A 5 July 1979 Veterans Administration (VA) rating decision shows that the applicant was evaluated for service connected residuals of a shell fragmentation wound to his left hand.  That decision showed that he had a "7 mm scar lateral side ball of thumb left hand without significant loss of tissue."  He was awarded a 10 percent disability rating.

8.  In a 2 April 1981 VA report of medical examination for disability evaluation, the applicant stated that "While firing a .50 caliber machine gun in Dec 1967 just about 3 days before leaving from Vietnam, there was a 'flash-back' or [illegible] from a cartridge that was fired, resulting in a burn and laceration of the left thumb and index finger and to a lesser degree, the left middle finger.  Both the thumb and index finger were stitched.  Three days later he landed in the state of Washington …."  The applicant signed the report.  

9.  The applicant's name is not listed on the Vietnam Casualty Roster maintained by this agency.  

10.  Army Regulation 600-8-22 provides 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.

11.  The Army Good Conduct Medal 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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's report of medical examination and report of medical history does not indicate that the applicant had been wounded in action.  The VA medical report that the applicant signed in April 1981 indicates that the injury to his left thumb, index finger, and middle finger was accidental, caused by an aberration while he was firing a machine gun.  There is insufficient evidence to show that the applicant was wounded as a result of hostile action.  His request for award of the Purple Heart is not granted.    

2.  The applicant served his country faithfully and honorable.  He is entitled to award of the Army Good Conduct Medal.  

3.  The applicant participated in two campaigns during his tour of duty in Vietnam.  He is entitled to award of the Vietnam Service Medal with two bronze service stars (one for each campaign).  

4.  The applicant is entitled to award of the Presidential Unit Citation, two awards of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

BOARD VOTE:

__FE  ___  __PHM__  __MJNT_  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by award of the Army Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the Presidential Unit Citation, two awards of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart. 

		_____Fred Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003096187	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040427	
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.