PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            3 April 2001                  
	DOCKET NUMBER:   AR2000044531

	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. Walter T. Morrison		Chairperson	
	Mr. Thomas Baxter		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 that his records be corrected to reflect the award of the Purple Heart.

3.  The applicant states that while serving in the Republic of South Vietnam he was hospitalized for wounds to his stomach that resulted from enemy action.  He further states that he now receives disability from the Veterans Administration for these wounds.

4.  The applicant’s military records show that he enlisted in the Regular Army on 23 October 1965.  Following completion of all military training, he was awarded military occupational specialty (MOS) 11B, Infantryman.  He was subsequently awarded MOS 70A, Clerk as his primary MOS.  He was assigned to the 127th Military Police (MP) Company, 93rd MP Battalion, Republic of Vietnam for his first duty assignment.  He served honorably with the 127th MP Company from 12 July 1970 until he was hospitalized on 14 April 1971.

5.  It is unclear as to why the applicant was admitted to the United States Army Hospital, Ryukyu Islands (Okinawa) as a patient for 24 days and was later transferred to the Medical Holding Company, Valley Forge General Hospital, Phoenixville, Pennsylvania as a patient.  However, a Report of Medical Examination, dated 7 July 1971, noted in Block 41 (Neurologic) that the applicant had been diagnosed with Palsy that had affected the radial nerve of his left arm.  There is no evidence the applicant was wounded in his stomach area or any other part of the body while serving with the 127th MP Company.

6.  On 22 July 1971, the applicant was released from active duty under the provisions of chapter 5, Army Regulation 635-200 and transferred to the United States Army Reserve.  He had 1 year and 9 months of creditable service.  His DD Form 214, Armed Forces of the United States, reflects the following awards:  the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, and the Expert Marksmanship Badge for the M-16 Rifle and M-60 Machine gun.

7.  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.

8.  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 two campaigns, the DA Sanctuary Counteroffensive Campaign and the Vietnam Counteroffensive, Phase VII Campaign.

9.  Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB).  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.

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 indicates that the 127th Military Police Company was cited for award of the Republic of Vietnam Civil Actions Honor Medal for the period 1 August 1970 to 30 June 1971 by Department of the Army General Order Number 32, dated 1973.

CONCLUSIONS:

1.  Although the applicant served in Vietnam as an infantryman from 25 June 1970 to 14 April 1971, 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.  The evidence of record indicates that the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal by virtue of his assignment to the 127th MP Company while serving in Vietnam.

3.  The applicant is also entitled to two Bronze Service Stars on his Vietnam Service Medal and a second Overseas Service Bar.

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 Republic of Vietnam Civil Actions Honor Medal, two Bronze Service Stars for his Vietnam Service Medal, and a second Overseas Service Bar.

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

BOARD VOTE:  

__wtm___  __tb____  __jtm ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Walter T. Morrison__
		        CHAIRPERSON

INDEX

CASE ID	AR2000044531	
SUFFIX		
RECON		
DATE BOARDED	20010403	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710722	
DISCHARGE AUTHORITY	AR 635-200, chapter 5	
DISCHARGE REASON	Early release	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.