PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 September 2001
	DOCKET NUMBER:   AR2001057988

	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. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Donald P. Hupman, 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, in effect, that the Purple Heart (PH) and any other awards to which he is entitled be added to his separation document
(DD Form 214). 

3.  The applicant states, in effect, that he was awarded the PH by Department of the Army (DA) and would like it added to his separation document, along with any other awards to which he is entitled.  In support of his application, he provides a copy of an Authorization for Issuance of Awards (DA Form 1577).
 
4.  The applicant’s military records show that on 24 April 1967, he entered the Regular Army for 3 years.  Upon his successfully completing basic training and advanced individual training, he was awarded military occupational specialty 
94B (Cook) and assigned to Vietnam for his first permanent duty station. 

5.  On 16 September 1967, the applicant arrived in the Republic of Vietnam (RVN) and he was assigned to Headquarters and Headquarters Company (HHC), 9th Infantry Division, United States Army Pacific (USARPAC).

6.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms, in block 40 (Wounds), that while serving as a private first class (PFC) in the RVN on 
13 February 1968, he received a wound to the forehead between the eyes.

7.  On 14 September 1969, the applicant completed his tour in the RVN and was reassigned to Fort Meade, Maryland, where he served until being honorably separated at the completion of his term of service on 23 April 1970.  Upon his separation, he was issued a DD Form 214 that shows he completed a total of 
3 years of active military service and held the rank of specialist/E-4 (SP4). 

8.  The separation document also shows that during his active duty tenure, the applicant earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Vietnam Campaign Medal with 60 Device, 2 Overseas Bars, and the Sharpshooter Marksmanship Badge (M-14 Rifle).  This document contains no reference to the applicant being wounded in action or being awarded the PH.

9.  The record also includes a copy of a properly issued DA Form 1577, dated 
1 September 1993, which was issued by the Army Reserve Personnel Center (ARPERCEN), St Louis, Missouri.  This document confirms that DA authorized that the following awards be issued to the applicant:  PH; NDSM; VSM, RVN Campaign Medal (RVNCM) with 1960 Device, 2 Overseas Bars, and the Sharpshooter Marksmanship Badge with Rifle Bar.  

10.  The DA Form 1577 also included, as an enclosure, a letter that confirmed the applicant was also authorized the Republic of Vietnam Gallantry Cross (RVNGC) with/Palm Unit Citation Badge.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.  A wound is defined as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.  It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides guidance on determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that the applicant’s unit, HHC, 9th Infantry Division, earned the following awards during his assignment tenure:  RVNGC with Palm for the period 1 December 1966 through 30 June 1968, as authorized in DA General Order (DAGO) Number 31, issued in 1969; and the RVN Civil Actions Honor Medal (RVNCAHM) for the period 19 December 1965 through 28 June 1969, as authorized in DAGO 59, issued in 1969. 

CONCLUSIONS:

1.  The Board notes and finds merit in the applicant’s contentions that the PH should be added to his separation document and in his request that all awards to which he is entitled be added to his records

2.  By regulation, in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

3.  The Board finds that the entry in block 40 (Wounds) of the applicant’s 
DA Form 20, which confirms he was wounded in action while serving as a PFC in the RVN on 13 February 1968, coupled with the DA authorization to issue him the PH, contained in the DA Form 1577, dated 1 September 1993, more than satisfies the regulatory burden of proof necessary to award him the PH.  Thus, the Board concludes that it would be appropriate to add this award to his record at this time. 

4.  In addition, the Board concludes that the applicant is entitled to have the following unit awards, to which he is entitled, based on assignment tenure and unit of assignment in the RVN, added to his records:  RVNGC with Palm 
Unit Citation and RVNCM with 1960 Device.

5.  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 PH, for being wounded in action while serving as a PFC in the RVN on 13 February 1968, the RVNGC with Palm Unit Citation, and RVNCM with 1960 Device. 

BOARD VOTE:  

__CLA___  __CLG      __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Celia L. Adolphi____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057688	
SUFFIX		
RECON		
DATE BOARDED	2001/09/11	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1970/04/23	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.