PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  26 April 2000
	DOCKET NUMBER:   AR1999030949

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Karol A. Kennedy		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 he be awarded the Purple Heart.  He submits copies of a VA summary of evidence in support of his application.

3.  The applicant states that he received a shrapnel wound to his left lower leg while in Vietnam.  He provides no other statement concerning the circumstances or origin of the wound.

4.  The applicant’s military records show that he enlisted and entered active duty on 6 April 1970.  While still in training he was AWOL from 22 to 23 June 1970 and again from 6 to 23 July 1970.  He was punished under Article 15, UCMJ for the 2 day AWOL and convicted by summary court-martial of the 18 day AWOL.  He completed infantry training and was assigned to Vietnam.

5.  His available medical records show that he was first treated on 6 October 1970 for a fragmentation wound of the left ankle.  He was released for full duty on 24 October 1970.  A 7 October 1970 entry notes that no fragment can be felt in the wound area.  None of the medical entries from 6 to 24 October 1970 mention that the wound was the result of enemy action.  On 18 October 1970 he was awarded the CIB.

6.  On 6 May 1971 the applicant returned to the U.S. for 2 weeks leave.  Effective 20 May 1971 he was in an AWOL status from Vietnam.  On 19 June 1971 he was dropped from the rolls as a deserter.  The applicant reported to Oakland Army base for return to Vietnam on 6 July 1971.  Annotations in his temporary records indicate that he was hospitalized in the U.S. from 8 to 27 May 1971 and again from 28 May to 4 July 1971.  It also appears that he extended his enlistment for 60 days while in Vietnam to qualify for a normal ETS.  There is no information in the available record to show that these discrepancies concerning AWOL were ever resolved and there is no record of punishment for this AWOL offense.

7.  Effective 26 October 1971 the applicant was separated in grade E-4 with 2 years, 2 months, and 4 days creditable service.  It appears that he had 20 days chargeable AWOL days of lost time.  Neither the Purple Heart nor the CIB are listed as authorized awards.

8.  Army Regulation 600-8-22 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States.  The wound must have been the direct result of enemy action, required medical treatment, and the treatment must have been made a matter of official record.  

9.  The Vietnam Service Medal is awarded to 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.  Additionally, one bronze service star is authorized for each named campaign credited while assigned to an eligible unit.

10.  Department of the Army Pamphlet 672-3 established eligibility for unit citations and campaign credit.  It shows that the applicant’s unit while assigned to Vietnam was awarded the Vietnam Gallantry Cross with Palm and the Civil Actions Honor Medal.  Additionally, he is entitled to two bronze service stars on the Vietnam Service Medal for participation in two campaigns.

CONCLUSIONS:

1.  There is insufficient evidence of record for the Board to conclude that the medical treatment the applicant received in Vietnam was the direct result of a wound while in action against the enemy versus an accidental injury or a friendly fire incident.

2.  The applicant is clearly entitled to have his records corrected to show award of the CIB since the orders are in his records.  Two bronze service stars should also be added to his Vietnam Service Medal and he is entitled to the two foreign awards of the Vietnam Gallantry Cross with Palm and the Vietnam Civil Actions Honor Medal.

3.  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 is entitled to the Combat Infantryman Badge, two bronze service stars for the Vietnam Service Medal, the Vietnam Gallantry Cross with Palm, and the Vietnam Civil Actions Honor Medal.

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

BOARD VOTE:  

__SK___  ___CG__  __KK___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Stanley Kelley___
		        CHAIRPERSON

INDEX

CASE ID	AR1999030949	
SUFFIX		
RECON		
DATE BOARDED	20000426	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.