PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 March 2001                   
	DOCKET NUMBER:   AR 2000050122

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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.

3.  The applicant states in effect, that he was wounded in an explosion while serving in Vietnam.  However, he cannot recall the exact date of the explosion.  He was unaware that he could request correction of his records.  The applicant submits a copy of a clinical summary sheet in support of his application.

4.  The applicant’s military records show that he entered active duty on 
15 December 1965.  He completed the required training and was awarded military occupational specialty 13A10 (Field Artillery Basic).  The highest pay grade he achieved was pay grade E-4.

5.  On 15 January 1966, while in basic combat training at Fort Leonard Wood, Missouri, the applicant accepted nonjudicial punishment (NJP) under Article 
15, Uniform Code of Military Justice (UCMJ), for being disrespectful in language to his superior non-commissioned officer.  His imposed punishment was a forfeiture of $11.00 pay, 7 days restriction and extra duty.

6.  The applicant served in the Republic of Vietnam (RVN) from May 1966 to May 1967.  He was assigned to Battery B, 1st Howitzer Battalion, 30th Artillery and to Battery C, 6th Battalion, 16th Artillery as a cannoneer.

7.  In May 1967, the applicant departed RVN; he was reassigned to the 2nd Howitzer Battalion, 31st Artillery, Fort Sill, Oklahoma.

8.  His record shows that he accepted two NJPs while assigned to the 31st Artillery for failure to obey a stop sign while driving his privately owned vehicle and for being disrespectful in language to a superior non-commissioned officer.
His imposed punishments was a reduction to E-3 and a forfeiture of $10.00 pay. 

9.  On 14 December 1967, the applicant was released from active duty and transferred to the U.S. Army Reserve.  He completed 2 years of creditable active service.  He was awarded the National Defense Service Medal, the Republic of Vietnam Service Medal w/1 Bronze Star, the Republic of Vietnam Campaign Medal (w/Device 60), (1) Overseas Service Bar and the Expert Rifle Badge (M-14).

10.  The applicant’s Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) do not show the Purple Heart as an authorized award.

11.  A clinical summary dated 20 October 2000 that was submitted to this Board by the applicant shows the entry “Pt wanted a documentation of R thigh scar he claims to have received while in the Vietnam War.”
12.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not show an entry under item 40 (Wounds) and item 41 (Awards and Decorations) does not show the Purple Heart as an authorized award.

13.  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.

14.  Army Pamphlet 672-3 shows the Battery B, 1st Howitzer Battalion, 
30th Artillery was awarded the Presidential Unit Citation for the period
2-20 June 1966 and the Republic of Vietnam Gallantry Cross w/Palm for the period 1-31 July 1966 and during the period 9 December 1966 through
18 January 1967.

CONCLUSIONS:

1.  There is no evidence of record, nor has the applicant provided any evidence, which shows that he was wounded or treated for wounds as a result of hostile action.  The Board cannot authorize awards or corrections to official military records with out supporting documentation.

2.  The applicant does not meet the eligibility criteria for award of the Purple Heart.  Therefore the applicant is not entitled to the award of the Purple Heart.

3.  The evidence of record shows that the applicant was assigned to Battery B, 1st Howitzer Battalion, 30th Artillery during the time the unit was awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross w/Palm.
Therefore, the applicant is entitled to correction of his records to reflect the award.

4.  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 by amending the applicant’s DD Form 214, to show the awards of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross w/Palm.

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

BOARD VOTE:  

__EMW_  __RTD___  __TEO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Ernest M. Willcher
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000050122	
SUFFIX		
RECON		
DATE BOARDED	20010315	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.