PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            28 March 2002
	DOCKET NUMBER:   AR2001064352

	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. P. A. Castle		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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 his records be corrected to reflect an award of the Purple Heart on his report of separation (DD Form 214).

3.  The applicant states he wants a correction made to his records to show he was awarded the Purple Heart for his wounds.

4.  The applicant’s military record shows that he was inducted on 9 May 1966, and completed training as a light weapons infantryman.  He was assigned to Vietnam on 12 October 1966, and served as a grenadier.  He departed Vietnam on 6 October 1967, and subsequently served as an instructor at Fort Ord, California, until he was honorably released from active duty on 8 May 1968.  He was then transferred to the USAR Control Group (Annual Training Reinforcement).  

5.  The applicant’s separation record reflects he was awarded the National Defense Service Medal (NDSM), the Vietnam Campaign Medal (VCM), the Vietnam Service Medal (VSM), and the Combat Infantryman Badge (CIB).  Although his separation record reflects entitlement to those awards, there is no indication in the available records of an order for the PH.  There is no entry about an injury on the applicant’s DA Form 20, Enlisted Qualification Record which he signed and authenticated as correct prior to separation.  However, a review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (1st Battalion, 16th Infantry Regiment, 1st Infantry Division) was credited with participating in two designated campaigns during the applicant’s period of assignment which entitles him to two bronze service stars (BSS).  It also shows that his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

6.  Army Regulation 600-8-22 provides that bronze service stars are awarded to represent participation in designated campaign periods.  During the Vietnam era the bronze service stars were affixed to the Vietnam Service Medal.

7.  A letter from the Veterans Administration (VA) dated 10 May 1971 was sent by the applicant as evidence of his contention that he was wounded and that he should receive the Purple Heart.  The letter addressed to the applicant states that the applicant’s disabilities are service-connected, but they are less than 10% disabling and further, that compensation is not payable for “0% scar shell fragment wound, right shoulder.”

8.  Army Regulation 600-8-22 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  A review of the applicant’s records shows no basis that could serve to disqualify him for the award of the Good Conduct Medal.

9.  Army Regulation 600-8-22 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.  A wound is defined as an injury to any part of the body from an outside force.  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.

10.  While both the Army and the VA use the VA Schedule for Rating Disabilities (VASRD), not all of the general policy provisions set forth in the VASRD apply to the Army.  The Army rates only conditions which are determined to be physically unfitting for further military service thereby compensating the individual for the loss of his or her military career.  The VA, however, may rate any service-connected impairment, thus compensating for loss of civilian employment.  Therefore, it is not unexpected that these two different systems would produce different evaluations. 

CONCLUSIONS:

1.  The evidence of record confirms the applicant is entitled to two bronze service stars on his already awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and the Good Conduct Medal.

2.  There is no evidence of record that the applicant acquired a wound that required treatment by a medical officer and that the treatment was made a matter of an official record.

3.  There is no available substantiating evidence to show that the applicant was wounded as the result of enemy action or that he was awarded the PH.

4.  A wound that is determined to be a service connected injury by the Veterans Administration (VA) is not considered evidence that a wound was a result of enemy action.

5.  The actions by the VA are based on the unemployability of the veteran.  The letter submitted to the Board as evidence of a wound does not satisfy the requirements for the PH and the applicant has not provided evidence to show that he was awarded the PH. 

6.  In view of the foregoing, there is no basis for the Board to award the applicant the PH.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected: 

a.  by showing that he is entitled to two bronze service stars on his Vietnam Service Medal; and;

b.  by awarding him the Republic of Vietnam Gallantry Cross with Palm, Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and the Good Conduct Medal for the period of service from         9 May 1966 thru 8 May 1968.

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

BOARD VOTE:  

___fe ___  ___le ___  __tl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ______  GRANT FORMAL HEARING

________  ________  ______ DENY APPLICATION

		_____Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2001064352	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  		
3.		
4.		
5.		
6.