RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 January 2006 DOCKET NUMBER: AR20050001636 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. Rosa M. Chandler Analyst The following members, a quorum, were present: Mr. William D. Powers Chairperson Mr. Thomas M. Ray Member Mr. Randolph J. Fleming Member 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 that his record be corrected to show award of the Purple Heart (PH) and that he be provided a DD Form 215 (Correction to DD Form 214) showing the award. 2. The applicant states in a 24 January 2005 letter that he was wounded while serving with the 173rd Airborne Brigade in support of the 1st Infantry Division. In late March or early April 1967, he was moving out of the "Iron Triangle" area following combat operations. He was in a convoy, riding in a truck and manning an M-60 machinegun. His truck was following an armored personnel carrier (APC). The APC was struck by a rocket propelled grenade (RPG) which blew the door off. Seconds later, his truck was hit by an RPG and he was blown off the truck, receiving shrapnel wounds and burns to his face, right forearm, and neck. Several of his teeth were also loosened. At the time of the incident, he was treated by medical personnel from another brigade and upon arrival at the new location, different medical personnel treated him; however, the treatment was never recorded. He adds he is not seeking compensation for his wounds; he is already receiving compensation due to having post-traumatic stress disorder (PTSD). He desires the honor of wearing the PH, which he feels he deserves. 3. The applicant provides in support of his request: a. An eyewitness statement, dated 11 June 2003. b. Radiology Report, dated 7 August 2003. c. Health Summary, dated 27 October 2003, which shows he has been diagnosed as suffering from PTSD. CONSIDERATION OF EVIDENCE: 1. On 29 August 1966, the applicant enlisted in the Regular Army for 3 years. He completed the training requirements and he was awarded military occupational specialty (MOS) 94B (Cook). He also completed the basic airborne course and was awarded the parachutist badge. 2. On 5 March 1967, he was assigned to Vietnam with duties in his MOS. On 8 March 1967, he was further assigned to the 173rd Engineer Company, 173rd Airborne Brigade and he served with this unit until he left Vietnam on 4 October 1968 and returned to Fort Bragg, North Carolina. 3. The available medical record contains an SF Form 88 (Report of Medical Examination), dated 29 May 1969, that was completed at the time of the applicant's separation. It shows in item 39 (identifying body scars) the entry "right forearm." In item 40 (skin), it shows the entry "1st degree sunburn of the thorax and abd" (chest and abdomen). 4. On 20 June 1969, the applicant was honorably separated from active duty. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), Vietnam Campaign Medal, and the Parachutist Badge. It does not show the PH as an authorized award and the applicant's name does not appear on the Vietnam Casualty List, a compilation of all casualties during the Vietnam War. 5. The eyewitness statement indicates the witness was traveling in the third vehicle behind the applicant's and that an APC was hit and a substantial number of personnel were wounded and or killed. Being that the incident occurred more than 30 years ago, the witness does not remember the exact date. He states the applicant sustained shrapnel wounds to the face, arms, and hands and he saw medical personnel attending to the applicant's wounds after the ambush ended. The eyewitness also states that he had been in Vietnam approximately 8 months when the incident occurred. Therefore, he believes the incident occurred in 1967 in conjunction with "Operation Junction City." 6. On 4 November 2002, the Case Management Support Division (CMSD), St. Louis, Missouri provided the applicant a DD Form 215 to show the VSM was deleted from his DD Form 214 and the following awards were added: The VSM with 1 silver service star, Bronze Star Medal, Meritorious Unit Commendation, Vietnam Gallantry Cross Unit Citation with Palm, Expert Qualification Badge with Rifle Bar, Presidential Unit Citation, and the Good Conduct Medal (GCMDL). His DD Form 214 was also corrected to show he served in Vietnam from 5 March 1967 to 4 October 1968. 7. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the GCMDL, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. This regulation also provides that there is no statute of limitations on requests for award of the PH. 8. Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB). In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the OSB for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar. The applicant is authorized award of three OSB's for his service from 5 March 1967 to 4 October 1968. DISCUSSION AND CONCLUSIONS: 1. To be awarded the PH, the applicant would have to show that he was wounded and that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. 2. The available medical records were considered and there is no evidence in them to show the applicant was injured as a result of hostile fire. Also, his name does not appear on the Vietnam Casualty List. 3. The eyewitness statement provided by the applicant is not sufficient evidence to show he was wounded. Neither is it sufficient to establish a treatment record. Both the applicant's statement and the eyewitness statement merely relate a telling of events and do not provide proof that the applicant was actually wounded in action while serving in Vietnam. 4. The applicant is authorized award of three OSB's to represent his overseas service from 5 March 1967 to 4 October 1968. 5. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant’s records will be accomplished by the CMSD, St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __wdp___ __tmr___ __rjf___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of three OSB's. William D. Powers ______________________ CHAIRPERSON INDEX CASE ID AR20050001636 SUFFIX RECON DATE BOARDED 20060105 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION (DENY) REVIEW AUTHORITY ISSUES 1. 107.0015 2. 107.0079 3. 4. 5. 6.