PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            3 April 2001
	DOCKET NUMBER:   AR2000050931

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas F. Baxter		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 his award of the Purple Heart.

3.  The applicant states, in effect, that he was awarded the Purple Heart for wounds received in Vietnam.  However, the award was never reflected on his report of separation (DD Form 214). 

4.  The applicant’s military records show that he enlisted on 14 March 1966 for a period of 3 years and training as a meteorological observation specialist.  He successfully completed his training and was transferred to White Sands Missile Range (WSMR), New Mexico.  He was promoted to the pay grade of E-5 on 19 March 1968.

5.  He remained at WSMR until he was transferred to Vietnam on 4 May 1968 and was assigned to the 6th Battalion, 84th Artillery for duty as a meteorological plotter.  

6.  The evidence contained in the applicant’s records show that he received shrapnel wounds to the left thigh on 29 December 1968, that he was treated by medical personnel, that it was the result of enemy action, and that he was returned to duty.

7.  The applicant’s commander submitted a request through channels on 27 March 1969 to have the applicant awarded the Purple Heart for his wounds.  However, the applicant had already departed Vietnam on 17 January 1969 for early separation to attend school.  He was honorably released from active duty on 17 January 1969 and was transferred to the United States Army Reserve Control Group (Reinforcement).  He had served 2 years, 9 months and 4 days of total active service and was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal for his service in Vietnam.

8.  Although undated, there is a document contained in his records which shows that the applicant was awarded the Purple Heart on 15 August 1969 for wounds received in action on 29 December 1968.  However, there is no evidence to show that it was ever annotated in his records.  The letter is signed by the Adjutant General of the Army.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was a result of hostile action, that the wound/injury must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

10.  Department of the Army Pamphlet 672-3 prescribes the criteria and lists the campaign participation and awards earned by units during the Vietnam War.  It provides in pertinent part, that in 1974 the 6th Battalion, 84th Artillery  was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGCw/palm) for the period of 1 August 1965 to 16 April 1971.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was wounded in combat on 29 December 1968 and that he received medical treatment for his wounds.  He was subsequently awarded the Purple Heart on 15 August 1969, after his separation from the service.  However, the evidence of record fails to show that the award was ever recorded in his records.  Therefore, it would be in the interest of justice to do so at this time.

2.  Additionally, although the authorization to award members of the 84th Artillery the RVNGCw/palm was not enacted until after the applicant separated from the service, there is no evidence to show that his records were ever corrected to reflect that award.  Therefore, it would also be in the interest of justice to correct the administrative oversight at this time.

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

RECOMMENDATION:  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart and that he is authorized the award of the RVNGCw/palm.

BOARD VOTE:  

___tb ___  ___jm___  __wtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Walter T. Morrison____
		        CHAIRPERSON

INDEX

CASE ID	AR2000050931	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/04/03	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.  140	107.0094/RVNGC	
4.		
5.		
6.