PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           17 August 2000     
	DOCKET NUMBER:   AR2000039469

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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 award of the Purple Heart.  He states he sustained a shrapnel wound to his left thigh while in Vietnam but "was to stupid to go to [the] medics to be put in records…."  In support of his request he submits a copy of a 1997 VA report which notes "shrapnel left femur - Vietnam (r) knee pain, chronic, after service related."

3.  Records available to the Board indicate the applicant entered active duty on 
22 September 1966 and served in Vietnam as a supply sergeant with the 3rd Squadron, 11th Armored Cavalry Regiment (6811-7004) and U.S. Army Headquarters Area Command (7004-7011).

4.  He returned to the United States and on 29 November 1970 was honorably discharged.  Neither his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) nor his DA Form 20 (Enlisted Qualification Record) reflect entitlement to the Purple Heart and item 40 (wounds) on his DA Form 20 is blank.

5.  The applicant was awarded an Expert Qualification Badge with "rifle" bar in March 1968 which was omitted from his DD Form 214.

6.  In December 1983 the applicant submitted an initial claim for disability to the VA indicating he had received treatment for a "left elbow" injury between January and December 1969 while in Vietnam.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

8.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (11th Armored Cavalry Regiment) was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm during his tenure with the organization.  He is also entitled to seven service stars (one silver and two bronze) on his Vietnam Service Medal denoting participation in seven designated campaign periods while in Vietnam.

CONCLUSIONS:

1.  There is no evidence which confirms the applicant was wounded as a result of hostile action while in Vietnam.  Additionally, the Board notes that the applicant himself admits that he did not seek medical treating for his injury.  Wounds or injuries that were so slight that they did not require treatment by a medical officer do not meet the requirements for a Purple Heart.  As such, there is no basis to award the applicant the Purple Heart. 
2.  The Board does note, however, that the applicant was awarded the Expert Qualification Badge with "rifle" bar and is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and one silver and two bronze service stars on his Vietnam Service Medal.  As such it would be appropriate to correct his records accordingly.

3.  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:

a.  by showing that the individual concerned was awarded the Expert Qualification Badge with "rifle" bar; and

b.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and one silver and two bronze service stars on his Vietnam Service Medal.

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

BOARD VOTE:  

__svw___  ___mhm__  __lds___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000039469	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000817	
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.