PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           30 October 2003                  
	DOCKET NUMBER:   AR2003088371

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Larry C. Bergquist		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 records be corrected by awarding him the Purple Heart.

3.  He states that in early 1967 he received shrapnel wounds to his right elbow while in a firefight.  His states the wound was originally treated by the field medic but due to an infection he was sent to “B Med” for antibiotic treatment. 

4.  In support of his request he submits a sworn statement from a friend, G____ S______, who was serving with B Medical Company, 173rd Support Battalion.  G____ S______ states that he personally was present when the applicant was receiving medical care for a combat wound to his right elbow.

5.  The applicant entered active duty on 16 March 1964.  He completed training and served as a field communications crewman.  He reenlisted on 18 March 1965 and completed basic airborne training in October 1965.  

6.  On 13 May 1966 he was assigned to the Headquarters and Headquarters Detachment, 173rd Support Battalion in Vietnam in the occupational specialty (MOS) 36A1P (Wireman).

7.  On 12 November 1966 he was reassigned to Troop E, 17th Cavalry Regiment, 173rd Airborne Battalion as an 11B2 P (Senior Rifleman).  

8.  Headquarters 173rd Airborne Brigade Special Orders 117, dated 27 April 1967, show that he was awarded the Combat Infantryman Badge.  

9.  On 1 May 1967 he was reassigned to Fort Bragg, North Carolina and served the remainder of his tour on active duty in an infantry MOS.  He was released from active duty on 18 March 1968.

10.  His separation examination and other military medical records are on permanent loan the Department of Veterans Affairs and are not available for Board review.

11.  His DD Form 20 (Enlisted Qualification Record) shows he qualified for the Expert Badge with Rifle Bar.  It also shows that his conduct and efficiency were rated as excellent for his entire period of service.  

12.  His DD Forms 214 (Report of Transfer or Discharge) list his awards and decorations as the Bronze Star Medal with Oak Leaf Cluster and “V” device, the Combat Infantryman Badge, the Vietnam Service Medal, the Vietnam Campaign Medal, the National Defense Service Medal, and the Parachutist Badge.

13.  A review of the Vietnam causality list and the, at the National Archives, College Park, Maryland, historical files for his units in Vietnam failed to identify him as being wounded or injured in combat or by enemy action.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

15.  Army Regulation 600-8-22, section I provides that the 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

16.  Army Regulation 600-8-22, paragraph 2-13 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  It also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriated campaign or service medal including the Vietnam Service Medal.  The designated campaign periods include but are not limited to the Vietnam Counteroffensive, 25 December 1965 - 30 June 1966 and the Counteroffensive Phase II, 1 July 1966 – 31 May 1967.

17.  Army Regulation 600-8-22, paragraph 2-8 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

CONCLUSIONS:

1.  The statements of individuals are inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there is a record of medical treatment.  However, they are normally accepted as a substantiation of the combat or the enemy origin of a wound for which there is a record of treatment.

2.  Without any medical records to show treatment for a wound the personal statement provided is insufficient evidence to show that he is entitled to the Purple Heart.  

3.  He has distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings and his personal decorations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 16 March 1964 through 15 March 1967.

4.  The applicant’s DD Form 214 is incomplete.  It does not show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Badge with Rifle Bar, and two bronze service stars for wear on his Vietnam Service Medal. 

5.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

1.  That his records related to this case be corrected by;

	a.  awarding him the Good Conduct Medal for the period from 16 March 1964 through 15 March 1967; and 

	b.  showing his awards include the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Good Conduct Medal, the Expert Badge with Rifle Bar, and two bronze service stars for wear on his Vietnam Service Medal. 

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

BOARD VOTE:  

__CLG__  ___EWL_  __LCB___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_    Curtis L. Greenway____
		        CHAIRPERSON

INDEX

CASE ID	AR2003088371	
SUFFIX		
RECON		
DATE BOARDED	20031030	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT,(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.