PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                12 January 2000
	DOCKET NUMBER:        AR1999026765

	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. Karl F. Schneider		Director, Army Review Boards Agency	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Luther L. Santiful		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 the Purple Heart.

3.  The applicant states he was awarded the Purple Heart, but it is not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show that he was inducted on 20 March 1968. He served in Vietnam from 22 October 1968 to 13 February 1969 as an infantryman and from 14 February 1969 to 27 August 1969 as a wheel vehicle mechanic and from 3 March 1970 to 29 December 1970 as a heavy vehicle driver.  The applicant was honorably discharged on 20 December 1973. 

5.  The applicant’s records contain three DD Forms 214 and the Purple Heart is not listed as an authorized award on any of these discharge documents.  There are no orders in his records awarding him the Purple Heart.  However, the applicant provided a copy of an award certificate for the Purple Heart which shows that he was wounded on 12 November 1968.  The applicant’s name is on the Vietnam Casualty Roster as wounded in action on 12 November 1968.

6.  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 the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 59, dated 1969.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 59, dated 1969.

8.  Department of the Army Pamphlet 672-3 shows the 88th Transportation Company, to which the applicant was assigned during his second tour of duty in Vietnam, was cited for award of the Meritorious Unit Commendation for actions during the period 1 May 1969 to 31 March 1970 by Department of the Army General Orders Number 48, dated 1971.  This same unit was also cited, while the applicant was assigned, for award of the Vietnam Cross of Gallantry with Gold Star Unit Citation for actions during the period 12 November 1967 to 24 April 1971 by Department of the Army General Orders Number 24, dated 1972.

9.  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 in the applicant’s records which shows that he was awarded the Purple Heart or was wounded as a result of hostile action.  However, the applicant provided an award certificate showing that he was wounded and the Vietnam Casualty Roster lists him as wounded in action on 12 November 1968.  The Board has determined that sufficient evidence of record exists which proves that he was wounded as a result of hostile action on 12 November 1968.  Therefore the applicant is entitled to correction of records to show award of the Purple Heart for wounds sustained on 12 November 1968.

2.  Orders show the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation, the Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation and the Vietnam Cross of Gallantry with Gold Star Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart for wounds sustained on 12 November 1968, the Vietnam Cross of Gallantry with Palm Unit Citation, the Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation and the Vietnam Cross of Gallantry with Gold Star Unit Citation.

BOARD VOTE:  

JNS____  INW_____  LLS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026765	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000112	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19731220	
DISCHARGE AUTHORITY	AR 635-200. . . . .  	
DISCHARGE REASON	EARLY SEPARATION OF OVERESEAS RETURNEE	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.