PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           09 January 2001
	DOCKET NUMBER:   AR2000042422

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 that his records be corrected to reflect the award of the Purple Heart.

3.  The applicant states that his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, does not reflect receipt of the Purple Heart award.

4.  The applicant’s military records show that he was inducted in the Army of the United States on 27 February 1969.  Following completion of all military training, he was awarded military occupational specialty (MOS) 11B, Infantryman, and was assigned to Company B, 4th Battalion, 23rd Infantry, 25th Infantry Division, Republic of Vietnam, for his first tour of duty.

5.  The applicant served honorably in Vietnam from 27 November 1969 to 6 November 1970 and on 12 December 1970, he was reassigned to Fort Sill, Oklahoma and Company A, 4th Battalion, 30th Infantry.

6.  On 2 March 1971, the applicant requested early release from the Army in order to attend a business college.

7.  On 10 March 1971, the applicant was released from active duty and transferred to the United States Army Reserve.  He had 1 year and 9 months of creditable service.  His DD Form 214 reflects the following awards:  the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Good Conduct Medal, Combat Infantryman Badge, two Overseas Bars, and the Expert Marksmanship Badge.

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service 

stars will be worn on the appropriate service medal.  During the applicant’s assignment in Vietnam, he participated in three campaigns, the Vietnam Winter-Spring 1970 Campaign, the DA Sanctuary Counteroffensive Campaign, and the Vietnam Counteroffensive, Phase VII Campaign.

10.  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 Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 to August 1968 by Department of the Army General Order Number 48, dated 1971.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal for the period 30 April 1966 to 21 January 1970 by Department of the Army General Order Number 51, dated 1971.

CONCLUSIONS:

1.  Although the applicant served in Vietnam as an infantryman from 27 November 1969 to 6 November 1970, there is no evidence in the available records, and he has provided none, to indicate that he was wounded as a result of hostile actions and that his wounds were treated by medical personnel.  Without such evidence, the Board cannot recommend award of the Purple Heart.

2.  Evidence indicates that the applicant is entitled to award of the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal by virtue of his assignment to the 4th Battalion, 23rd  Infantry Regiment while serving in Vietnam.

3.  The applicant is also entitled to three Bronze Service Stars on his Vietnam Service Medal.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, awarding him the Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, and three Bronze Service Stars for his Vietnam Service Medal.

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

BOARD VOTE:  

__mdm__  __clg___  __ena ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		   __Mark D. Manning___
		        CHAIRPERSON

INDEX

CASE ID	AR2000042422	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010109	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0015	
2.	107.0094	
3.	107.0095	
4.		
5.		
6.