PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                20 September 2001                        
	DOCKET NUMBER:       AR2001057532

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Ms. Paula Mokulis		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 correction of his records to show award of the Purple Heart and the Combat Infantryman Badge.

3.  The applicant states that he was not issued these awards.  He contends that he received an injury when the armored personnel courier (APC) he was driving hit a mine north of Quang Tri in June 1971. 

4.  The applicant’s military records show that he was inducted in the Army on 20 July 1970.  He successfully completed basic and advanced individual training and served in Vietnam from 2 January 1971 through 24 December 1971 as a rifleman.  He was honorably released from active duty on 25 December 1971.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart or the Combat Infantryman Badge as authorized awards.  The Board noted that the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is also not shown on his discharge document.

6.  There are no orders in the applicant’s service personnel records which show he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

7.  The applicant’s personnel records contain 5th Infantry Division (Mechanized) Special Orders Number 189, dated 8 July 1971, which awarded him the Combat Infantryman Badge.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

9.  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.  The Board considered the applicant’s contention that he was injured in June 1971 when the APC he was driving hit a mine located north of Quang Tri.  However, there is no evidence available to the Board which shows he was wounded or treated for wounds as a result of hostile action.  Therefore, there is no basis for granting the applicant award of the Purple Heart.

2.  Orders show the applicant was awarded the Combat Infantryman Badge; therefore, his DD Form 214 will be corrected to show this badge.

3.  Evidence of record shows the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this award.

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 Combat Infantryman Badge and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

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

BOARD VOTE:  

RJW____  KWL____  PM______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond J. Wagner_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057532	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010920	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.