PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            19 September 2000                  
	DOCKET NUMBER:   AR2000042102

	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:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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.  He states that he was "blown out of bed" while in Vietnam and was in combat.  He submits no evidence in support of his request. 

3.  Records available to the Board indicate the applicant entered active duty on 
22 January 1968.  He successfully completed basic and advanced individual training prior to being assigned to Germany as a supply clerk in September 1968. 

4.  According to information contained in the applicant's service medical records, he sustained a twisting injury to his right knee while playing basketball in December 1968.  In April 1969 the applicant was transferred to Vietnam where he was assigned to the 10th Transportation Battalion.   He re-injured his knee on two separate occasions; once while stepping off a "boardwalk" and again while practicing karate kicks.  The applicant ultimately underwent a knee operation in June 1969 and was issued a permanent physical profile which was in place at the time of his separation from active duty.

5.  The applicant returned to the United States in April 1970 and on 12 March 1971 was honorably discharged at that conclusion of his enlistment contract.  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.  

6.  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.

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (10th Transportation Battalion) was credited with participating in three designated campaigns during the applicant’s period of assignment.  The unit was also awarded a Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm during his tenure with the organization.

CONCLUSIONS:

1.  There is no evidence, and the applicant does not provide any, which confirms he was ever wounded as a result of hostile action and as such no basis for award of the Purple Heart.

2.  The Board does note, however, that the applicant is entitled to three bronze service stars on his Vietnam Service Medal, a Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm based on his service in Vietnam.

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 is entitled to three bronze service stars on his Vietnam Service Medal; and

b.  by showing that he is entitled to a Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross Unit Citation. 

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

BOARD VOTE:  

__hof___  __jpi___  ____rks_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000042102	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000919	
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.