PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            25 October 2001
	DOCKET NUMBER:   AR2001058136

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		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 Report of Transfer or Discharge (DD Form 214) be corrected to include the award of the Purple Heart.

3.  The applicant states that he was issued the Purple Heart after his DD Form 214 was prepared and therefore, it was not included on his DD Form 214.  He further states that he was awarded the Purple Heart for shrapnel wounds that he received in 1969.

4.  The applicant’s military records show that he was inducted into the Army on 27 June 1967 and he successfully completed his training as a radio operator.  On 8 May 1968, he was transferred to Vietnam and was assigned to the 196th Infantry Brigade on 8 July 1968.

5.  His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, two Overseas Service Bars and the Expert Badge (Rifle M-14).

6.  A review of the records fails to show that the applicant was ever wounded in action as a result of hostile action by enemy forces.  However, the record does show that General Orders were published on 17 May 1969 awarding the applicant the Army Commendation Medal (ARCOM).

7.  Army Regulation 600-8-22 (Military Awards) provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.   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 Vietnam Gallantry Cross with Palm Unit Citation for the period 16 April 1969 through 28 August 1969 by Department of the Army General Order 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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  There is no evidence of record nor has the applicant submitted any evidence to support his contention that he was wounded as a result of hostile action by enemy forces.  Therefore, he is not entitled to the award of the Purple Heart.

2.  However, an error was made during the preparation of the applicant’s DD Form 214, which resulted in the ARCOM being omitted.  Published General Orders dated 17 May 1969, show that the applicant was awarded the ARCOM.

3.  Additionally, Department of the Army Pamphlet 672-3 shows that the applicant’s unit was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 16 April 1969 through 28 August 1969.  He is clearly entitled to both of these awards and his records should be corrected accordingly.

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:

	a.  by showing that the individual concerned was awarded the Army Commendation Medal; and

	b.  by awarding him the Vietnam Gallantry Cross with Palm Unit Citation for the period 16 April 1969 through 28 August 1969.

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

BOARD VOTE:  

___kan__  __reb____  _rjw ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2001058136	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.  66	107.0020	
4.		
5.		
6.