PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            1 August 2001 
	DOCKET NUMBER:   AR2001056852

	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. Victoria A. Donaldson		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 incurred an eye injury during a firefight in January or February 1969.  He contends that his injury was treated as an infection and he was given antibiotic eye drops.  He states that he has had several problems with his eyes as a result of injuries received in February 1969 and that he as received service connected compensation since he was discharged on 19 May 1971.  In support of his application, he submitted a one-page addendum.

4.  The applicant’s military records show that he entered active duty 
18 September 1967.  He served as a communication center specialist in Vietnam from 25 April 1968 through 15 April 1969.  He served again in Vietnam from
20 July 1970 through 14 May 1971.  The applicant was honorably separated from active duty on 19 May 1971 and transferred to the United States Army Reserve.

5.  The applicant’s DD 214 does not show entitlement to award of the Purple Heart in item 24.

6.  There is no evidence in the applicant’s service personnel or medical records that shows the he was wounded as a result of hostile action or treated for wounds or injuries resulting from hostile action.

7.  The applicant’s DD Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show award of the Purple Heart as an authorized award in item 41 (Awards and Decorations).  

8.  The Board noted the applicant’s entitlement to unit awards that are not shown on his DD 214.

9.  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 Meritorious Unit Commendation for actions during the period 1 August 1967 to 31 July 1968 by Department of the Army General Orders Number 28, dated 1969.  

10.  Department of the Army Pamphlet 672-3 shows that the applicant’s unit was cited for award of the Meritorious Unit Commendation for actions during the period 1 October 1969 to 31 December 1970 by Department of the Army General Orders Number 43, dated 1972.  

11.  The applicant’s unit was also cited for award of the Meritorious Unit Commendation for actions during the period 1 January 1971 to 30 June 1971 by Department of the Army General Orders Number 32, dated 1973.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 6, dated 1974.

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, and the medical treatment must have been made a matter of official record.  

CONCLUSIONS:  

1.  There is no evidence of record that shows that the applicant was wounded as a result of hostile action or treated for wounds as a result of hostile action.  Therefore, he is not eligible for award of the Purple Heart.

2.  The applicant is entitled to three awards of the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show that he was awarded the Meritorious Unit Commendation with Second Oak Leaf Cluster. 

3.  Orders also show that the applicant is entitled award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show that he was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Meritorious Unit Commendation (Second Oak Leaf Cluster) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

__EWL__  ___JH___  __MHM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Ms. June Hajjar____
		        CHAIRPERSON

INDEX

CASE ID	AR2001056852	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010801	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.