PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 October 2000                  
	DOCKET NUMBER:   AR2000041224

	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	
	Mr. Gerald E. Vandenberg		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. John T. Meixell		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 reconsideration of his application to correct his records by awarding him the Purple Heart.

3.  The applicant states that he received wounds as a result of hostile action on 20 December 1967, that he was given the medal at the 12th Evacuation Hospital before being evacuated to the United States for additional care and that for personal reasons he would like to have his Certificate of Release or Discharge (DD Form 214) show the receipt of the award.

4.  The Memorandum of Consideration reflecting the Board’s 6 October 1999 review of the applicant’s request is incorporated herein by reference as if wholly set forth.

5.  The applicant submits a statement from a former soldier who describes the incident wherein both he and the applicant sustained wounds as a result of hostile action.  He submits a copy of his enlisted qualification record (DA Form 20), that shows, at item 40, that he received fragment wounds (FW) on 20 December 1967 and, at item 18, that he was hospitalized from 21 December 1967 to 7 March 1968.  He also submits a 1 April 1968 Physical Profile Record (DA Form 8-274) showing a granting of a T-3 physical profile due to gunshot wounds to the leg and thigh.  Additionally, he submits copy of a May 1999 Department of Veterans Affairs rating decision that granted him compensable ratings for the residuals (scars and retained fragments) of shell fragment wounds (SFW).

6.  The personal statement and copy of the DA Form 8-274 were not previously available to the Board and constitute new evidence that requires Board review.

7.  Phone contact with the Army Awards and Decorations Branch confirmed that the applicant is listed as a combat casualty on 20 December 1967.

8.  The applicant’s records contain a 19 February 1968 memorandum authorizing him to accept and wear the Republic of Vietnam (RVN) Gallantry Cross with bronze star. 

9.  Department of the Army Pamphlet 672-3 shows that the applicant’s unit was awarded the Meritorious Unit Commendation (Army), the RVN Gallantry Cross with palm Unit Citation and the RVN Civil Actions Medal Unit Citation.  These items do not appear on the applicant’s DD Form 214.

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 by a medical officer, and the medical treatment must have been made a matter of official record. 

CONCLUSIONS:

1.  The applicant’s record shows he sustained a combat wound on 20 December 1967 and is entitled to award of the Purple Heart. 

2.  The applicant is also entitled to the RVN Gallantry Cross with bronze star, the Meritorious Unit Commendation (Army), the RVN Gallantry Cross with palm Unit Citation and the RVN Civil Actions Medal Unit Citation.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected to by showing on the DD Form 214 of the individual concerned that his authorized awards and decorations include the Purple Heart, the Meritorious Unit Commendation (Army), the RVN Gallantry Cross with bronze star, the RVN Gallantry Cross with palm Unit Citation and the RVN Civil Actions Medal Unit Citation.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

__MKP__  __ESC__  ___JTM__  DENY APPLICATION

		  _Margaret K. Patterson____
		        CHAIRPERSON

INDEX

CASE ID	AR2000041224	
SUFFIX		
RECON	 	
DATE BOARDED	20001024 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.