PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           20 May 1999   
	DOCKET NUMBER:   AR1999015506

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher 		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Ms. Margaret V. Thompson		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, in effect, award of the Purple Heart, the Vietnam Cross of Gallantry with Palm Unit Citation, the Republic of Vietnam Civilian Service Medal (correctly known as the Vietnam Civil Actions Honor Medal First Class) and a Presidential Unit Citation.  

3.  The applicant states, in effect, that in 1969 he was wounded in the “heat of battle” and sustained a concussion and an acoustic trauma.  He contends that he was given a permanent profile, his military occupational specialty (MOS) was changed and the Veterans Administration (VA) has rated him for these conditions.  In support of his application, he submits a letter of explanation, a VA Rating Decision, dated 23 June 1967; a DD Form 215 (Correction to DD Form 214), dated 28 April 1972; a copy of his DA Form 20 (Enlisted Qualification Record), and the regulation for award of the Purple Heart.     

4.  The applicant’s military records show that he was inducted on 2 July 1968.  He successfully completed basic and advanced individual training and was transferred to Vietnam for duty as an infantry indirect fire crewman on 
12 December 1968.  He initially served as an infantry indirect fire crewman; however, his MOS was changed to supply specialist on 30 August 1969.  On
11 December 1969 he returned to the United States and was honorably discharged on 1 July 1970.    

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Purple Heart, the Vietnam Cross of Gallantry with Palm Unit Citation, the Vietnam Civil Actions Honor Medal First Class or a Presidential Unit Citation as authorized awards.     

6.  The applicant’s DA Form 20 shows he received a P3 profile on 28 August 1969 and his assignment limitations included no habitual or frequent exposure to loud noises or firing of weapons, no duties requiring good hearing, no guard duty or patrols.  There is no evidence that this condition was a result of hostile action or that he received medical treatment at the time of the event. 

7.  There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 
40 (Wounds) of the applicant’s DA Form 20 is blank.  Item 41 (Awards and Decorations) of the DA Form 20 does not show entitlement to the Purple Heart.

8.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 3, dated 1970.

9.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 53, dated 1970. 

10.  DA Forms 1577 (Authorization for Issuance of Awards), dated 30 April 1998 and 19 January 1999, show that the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the Presidential Unit Emblem, the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Ribbon with Device (1960).  These awards are not shown on the applicant’s DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) 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.  Notwithstanding the VA Rating Decision which indicates the veteran was exposed to an explosion of a mortar round in Vietnam and suffered an acoustic trauma; there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds due to hostile action in Vietnam.  Therefore, he is not entitled to award of the Purple Heart.

2.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation, the Vietnam Civil Actions Honor Medal First Class Unit Citation, the Presidential Unit Emblem, the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Ribbon with Device (1960).  Therefore, he is entitled to correction of his records to show these awards.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records 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 was awarded the Vietnam Cross of Gallantry with Palm Unit Citation, the Vietnam Civil Actions Honor Medal First Class Unit Citation, the Presidential Unit Emblem, the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Ribbon with Device (1960).

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

BOARD VOTE:  

EMW____  HOF____  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ernest M. Willcher____
		CHAIRPERSON

INDEX

CASE ID	AR1999015506	
SUFFIX		
RECON		
DATE BOARDED	19990520	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700701	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	EXPIRATION OF TERM OF SERVICE	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.