PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            16 October 2001
	DOCKET NUMBER:   AR2001059238

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Ms. Regan K. Smith		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 that his personnel records show his award of the Purple Heart.  However, it was omitted from his report of separation (DD Form 214).

4.  The applicant’s military records show that he was inducted in Cleveland, Ohio on 4 January 1968.  He successfully completed his training and was transferred to Vietnam on 16 June 1968, for duty as a light weapons infantryman with B Company, 1st Battalion, 508th Infantry Regiment.

5.  While in Vietnam he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Army Commendation Medal and the Bronze Star Medal.

6.  He departed Vietnam on 30 June 1969 and was transferred to Fort Benning, Georgia, where he remained until he was honorably released from active duty on 16 December 1969.  He had served 1 year, 11 months and 12 days of total active service and his DD Form 214 reflects that he was awarded the National Defense Service Medal, the Bronze Star Medal, the Army Commendation Medal, the Combat Infantryman Badge, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.  There is no indication in the available records to show that he was ever wounded or that he was awarded the Purple Heart.

7.  Department of the Army Pamphlet 672-3 provides the lists of unit citations and campaign participation.  It shows, in pertinent part, that the applicant’s unit was awarded the Valorous Unit Award (VUA) for the period of 1 May 1968 to 8 January 1969 by General Order 43 in 1970, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGCw/Palm) for the period of 6 October 1968 to 11 November 1969 by General Order 43 in 1970 and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) for the period of 12 March to 4 October 1968 by General Order 48 in 1971.

8.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

CONCLUSIONS:

1.  While it is possible that the applicant was wounded in Vietnam and was awarded the Purple Heart, there is no evidence in the available records to show that such was the case.  Therefore, in the absence of evidence to the contrary, the Board finds no basis to award him the PH at this time or to correct his records to show such an award.

2.  However, the available evidence does show that subsequent to the applicant’s separation from the service, his unit was awarded the VUA, the RVNGCw/Palm Unit Citation and the RVNCAHM-FC for the period in which he served with that unit.  Accordingly, he is entitled to receive those awards and to have his records corrected as well.

3.  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 by awarding the individual concerned the VUA, the RVNGCw/Palm Unit Citation and the RVNCAHM-FC, with appropriate corrections made to his records.

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

BOARD VOTE:  

__rks ___  ___dh___  ___rvo __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond C. O’Connor, Jr__
		        CHAIRPERSON

INDEX

CASE ID	AR2001059238	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  140	107.0094/RVNGC	
3.  141	107.0095/RVNCAHM	
4.  79	107.0033/VUA	
5.		
6.