PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            25 February 2003
	DOCKET NUMBER:   AR2002075590

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Lawrence Foster		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 for wounds received in Vietnam on 8 March 1968.

3.  The applicant states, in effect, that he was wounded on 8 March 1968 when his vehicle struck a mine and he was treated by medical personnel. 

4.  The applicant’s military records show that he enlisted on 31 May 1965 for a period of 3 years and training as a light vehicle driver.  He completed his training and was transferred to Fort Devens, Massachusetts, where he remained until he was transferred to Vietnam on 3 June 1967, for duty with Company B, 4th Supply and Transportation Company.

5.  His medical records show that on 8 March 1968 he was treated at A Company, 4th Medical Battalion, for a small laceration of the left knee.  There was no bleeding nor were stitches required.  He was returned to duty.  No mention is made of how the injury occurred.  It is noted that an annotation in a different handwriting was annotated on the treatment sheet, which indicates that he was treated for a cut on the left knee due to a mine explosion.  This annotation is distinctly different from other entries on the clinical sheet.  On the same day, he returned to the dispensary complaining of upper respiratory infection for the past 2 days.  He was treated with medications and informed to return if no improvement occurred. 

6.  He departed Vietnam on 16 May 1968 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) in the pay grade of E-4, as an early overseas returnee.  He had served 2 years, 11 months and 26 days of total active service and was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), and the Republic of Vietnam Campaign Medal (RVNCM).  At the time of his separation he underwent a medical and physical examination and no mention was made of the fact that he was wounded or treated for a wound.

7.  The applicant again enlisted on 26 January 1970 for a period of 3 years and was transferred to Germany, where he remained until he was transferred to Vietnam on 6 March 1971, for duty with the 240th Quartermaster Battalion and QN Sub-Area Command. 

8.  He completed his tour in Vietnam on 7 February 1972 and was transferred to Fort Devens.  He was discharged under honorable conditions on 11 February 1974, under the provisions of Army Regulation 635-200, Chapter 13, for unsuitability due to apathy, defective attitudes and inability to expend effort constructively.  He had served 9 years, 10 months and 14 days of total active service and had 102 days of lost time due to being absent without leave (AWOL). He was awarded the NDSM, the VSM with one silver service star and two bronze service stars, the RVNCM, and the Army Good Conduct Medal.

9.  A review of the applicant's records shows that it contains two enlisted qualification records (DA Form 20).  Neither of those documents are consistent and do not indicate the same dates or information regarding wounds.

10.  In the processing of this case, a staff member of the Board researched unit and hospital records at the National Archives in College Park, Maryland to determine if there was any record of the applicant being wounded or injured in combat or reported as a casualty.  That search provided negative results.

11.  Army Regulation 600-8-22 provides, in pertinent part, 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM – FC) Unit Citation  and the Meritorious Unit Commendation (MUC) for the period he served with the unit.  

CONCLUSIONS:

1.  While the applicant's records do show that he was treated on 8 March 1968 for a small laceration to his left knee, there is not sufficient information to indicate that the injury was the result of action by the enemy.  In an attempt to confirm that the incident was directly related to an enemy action or instrument, historical unit records were checked and they failed to verify that such was the case.  Therefore, without such confirmation from a reliable source, the Board finds no basis to award him the Purple Heart.

2.  However, the available evidence of record does show that the applicant's units were subsequently awarded the RVNGC w/Palm Unit Citation, the RVNCAHM – FC Unit Citation and the MUC.  Accordingly, it would be in the interest of justice to award him those awards at this time.

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 awarding the individual concerned the RVNGC w/Palm Unit Citation, the RVNCAHM – FC Unit Citation and the MUC.

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

BOARD VOTE:  

___lf____  ___js____  ___reb__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002075590	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/02/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  80	107.0034/MUC	
2.  140	107.0094/RVNGC	
3.  141	107.0095/RVNCAHM	
4.  61	107.0015/PH	
5.		
6.