PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 11 October 2001                        
	DOCKET NUMBER:        AR2001059239

	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:

	Ms. Joann Langston		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Jose A. Martinez		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 for injuries he sustained in Vietnam in January 1971.

3.  The applicant states that he was injured as the result of a vehicular incident and that this incident was related to enemy action.  He states that his unit searched for a new rest overnight (RON) site when his armored personnel carrier (APC) went off the road and he sustained the injuries.  He further states that his unit looked for a new RON because the first one came under enemy fire. He claims that he does not remember or know what caused the APC to leave the road.  

4.  The applicant’s military records show that he entered active duty on 24 November 1969 for a period of two years.  He completed infantry training and served in Vietnam from 25 July 1970 through 14 March 1971.  The applicant was honorably released from active duty on 27 July 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 as an authorized award.  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 that he was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) shows he sustained contusions to his right leg and nose on 29 January 1971 in item 40 (Wounds).  

7.  The applicant’s personnel records contain a telegram addressed to the applicant’s family.  The telegram states that the applicant was hospitalized in Vietnam on 29 January 1971, “due to injuries sustained while he was a passenger on a military vehicle on a military mission when the vehicle went off the road.”

8.  The Vietnam Casualty Roster shows the applicant sustained serious injuries on 29 January 1971, but he was not injured as a result of hostile action.

9.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  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 are no orders available to the Board which authorize award of the Purple Heart to the applicant.  Evidence of record shows the applicant was classified as seriously injured, not as a result of hostile action.  Therefore, there is no basis for granting him award of the Purple Heart.

2.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 will be amended to show this unit award.

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 showing the individual concerned was awarded 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:  

JL______  MDM____  JAM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Joann Langston________
		        CHAIRPERSON

INDEX

CASE ID	AR2001059239	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	Y20011011	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.