PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               17 June 1999  
	DOCKET NUMBER:      AR1998014213

	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. Loren G. Harrell		Director	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater 		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Ernest W. Lutz, Jr.		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 correction of his records to show award of the Purple Heart.

3.  The applicant states that he received a shrapnel wound to his finger on his left hand, but he was never awarded the Purple Heart.  In support of his application, he submits a copy of the Department of Veterans Affairs (DVA) Rating Decision.

4.  The applicant’s military records show that he was inducted on 2 May 1966, completed infantry training and was assigned to Vietnam from 10 January 1967 to 9 January 1968.  He was honorably discharged from active duty in the grade of E-4 on 1 May 1968.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge), which is authenticated in his own hand, does not show the Purple Heart as an authorized award.  The Board notes that the applicant is entitled to the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Service Medal with three bronze service stars which are not shown on his discharge document.

6.  There is no evidence in the applicant’s records which show he was awarded the Purple Heart or treated for wounds due to hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any wounds sustained as a result of hostile action. 

7.  The DVA Rating Decision indicates that the applicant stated that he had been hit by a piece of shrapnel which cut the left index finger almost all the way around it.  The VA examination revealed that the applicant’s separation physical examination, dated 22 April 1968, shows “normal upper extremities and normal skin”.

8.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974.

9.  The applicant’s DA Form 20 shows he received credit for participation in the Vietnam Counteroffensive, Phase II in item 39 (Campaigns).  Army Regulation 600-8-22, Table B-1, shows he was also entitled to credit for participation in the Vietnam Counteroffensive, Phase III (11 June 1967 to 29 January 1968) and Tet Counteroffensive (30 January 1967 to 1 April 1968) during his tour in Vietnam.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

10.  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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  There is no evidence available to the Board which shows that the applicant was awarded the Purple Heart or was wounded or treated for wounds due to hostile action.  Therefore, the applicant is not entitled to the Purple Heart.

2.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

3.  Evidence of record shows that the applicant received credit for participation in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his records to show three bronze service stars to be affixed to his Vietnam Service Medal.

4.  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 the individual concerned was awarded the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Service Medal with three bronze service stars.

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

BOARD VOTE:  

JLP_____  TAP_____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Jennifer L. Prater____
		CHAIRPERSON

INDEX

CASE ID	AR1998014213	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990617 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART  	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.