PROCEEDINGS  

	IN THE CASE OF:  

	BOARD DATE:           28 January 2003                   
	DOCKET NUMBER:   AR2002077656

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Tracey L. Pinson		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart (PH).

3.  The applicant states that he was wounded in mid June 1969 while serving near Duc Pho, Quang Ngai Province, Republic of Vietnam.  He believes that it is only fair that his DD Form 214 be corrected to show that he was awarded the PH for wounds that he received in combat while serving his country.  He states that shrapnel hit him in his left side and a field medic removed the shrapnel and dressed the wound.  He submits in support of his request statements from two soldiers that were serving with him at the time and observed the injury.

4.  The applicant’s military records show that he was inducted into the Army of the United States on 29 May 1968.  He served in military occupational specialty (MOS) 11B, Light Weapons Infantryman.  He served in Vietnam from 29 October 1968-24 October 1969, with Company D, 1st Battalion, 20th Infantry, 11th Infantry Brigade.  His campaigns include:  Vietnam Counteroffensive, Phase IV; Tet 69/Counteroffensive; and Vietnam Summer-Fall 1969.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds) contains no entries.  The applicant's available medical records are limited and contain no evidence of the injury that is discussed in the eyewitness statements.  However, he received a physical evaluation when he was separated and his Standard Form 88 (Report of Medical Examination); Item 39 (Identifying Body Marks, Scars, Tattoos) is annotated "Normal" and fails to note any wounds or injuries incurred due to hostile action.  The applicant is not listed on the Vietnam Casualty File as having been wounded in action.

6.  On 28 May 1970, the applicant was honorably released from active duty and transferred to the United States Army Reserve.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows that he was awarded the Soldier's Medal, the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal (VSM) with two bronze service stars (BSS's), the Combat Infantryman Badge, and the Vietnam Campaign Ribbon with '60 Device.

7.  There is no evidence of derogatory information in the applicant's records, nor is there any evidence to show that he was disqualified by his unit commander for award of the GCMDL.

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards and provides, in pertinent part, that 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.

9.  Army Regulation 600-8-22 provides that the GCMDL 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 GCMDL, disqualification must be justified.

10.  Army Regulation 600-8-22 also authorizes award of a BSS, based on qualifying service, for each campaign listed in Appendix B of that regulation and states that authorized BSS's will be worn on the appropriate service medal to include the VSM.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period from 2 November 1968 to 28 February 1969 by Department of the Army General Order Number 2, dated 1971.  The applicant's DD Form 214 does not show this award as an authorized award because it was awarded to his unit after he had been separated.

CONCLUSIONS:

1.  To be awarded the Purple Heart, 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.  There is nothing in the applicant's record to support his contention that he was wounded, nor does his name appear on the official Vietnam Casualty Roster.  The statements provided by the applicant, written more than 30 years after the fact, are not sufficient to overcome the lack of official documentation and support awarding the PH.

2.  There is no evidence in the record of any misconduct by the applicant, nor is there evidence that his unit commander ever sought to deny him the award of the GCMDL.  Therefore, he is entitled to award of the GCMDL.  

3.  A review of the applicant’s records shows that he is authorized correction of his record to show award of three BSS's for wear on his VSM, and the RVN Gallantry Cross with Palm Unit Citation.  

4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Item 24 that he was awarded the GCMDL, three BSS's for wear on his VSM, and the RVN Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

__kak___  __mhm___  __tlp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Karol A. Kennedy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002077656	
SUFFIX		
RECON		
DATE BOARDED	20030128	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700528	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.	107.0094	
4.		
5.		
6.