PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                23 February 2000
	DOCKET NUMBER:       AR1999028601

	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.  

	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Raymond J. Wagner		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 from a hand grenade in the latter part of 1965 while in Pleiku and was treated at the field hospital.  

4.  The applicant’s military records show that he entered active duty on 5 February 1964 and completed infantry training.  He served in Okinawa and Vietnam and was honorably discharged from active duty on 3 February 1967.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge), signed in his own hand, does not show the Purple Heart as an authorized award.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

7.  A review of the applicant’s personnel records revealed that he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation which are not shown on his discharge document.

8.  Department of the Army General Orders Number 8, dated 1974, awarded the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  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 unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 48, dated 1968.

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.  Contrary to the applicant’s contention that he received a shrapnel wound from a hand grenade, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action.  Therefore, he is not entitled to award of the Purple Heart.
2.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

3.  Evidence of record shows the applicant was assigned to a unit that was cited for award of the Meritorious Unit Commendation; therefore, he is entitled to correction of his records to show the Meritorious Unit Commendation.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only 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 Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation.

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

BOARD VOTE:  

RVO_____  EB_____  RJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999028601	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000223	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.