PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 March 2002                   
	DOCKET NUMBER:   AR2001059624

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. John T. Meixell		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 his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show the award of the Purple Heart (PH).

3.  The applicant states in effect, that on 25 September 1968, while assigned to a unit in the Republic of Vietnam (RVN) the UH-1D helicopter in which he was a crewmember was shot down.  He was injured and the medics treated his wounds.  The wounded crewmembers received PHs including himself.  He failed to notice at the time of his retirement that the PH was not listed on his DD Form 214 as an authorized award.  He is seeking special auto plates and he needs proof that he was awarded the PH.  The evidence confirming his injury would be in his unit’s mission statements for that day.

4.  The applicant’s military records show that after having had prior National Guard and Reserve service the applicant enlisted in the Regular Army on 6 November 1961 for 3 years.  His services were continuous through extensions and reenlistments.  The highest pay grade he achieved was pay grade E-7.

5.  The applicant arrived in the RVN on or about 23 January 1968.  He was assigned to D Troop, 3rd Squadron, 5th Cavalry, 9th Infantry Division, Vietnam as a helicopter mechanic.  He departed the RVN on or about 9 January 1969.

6.  On 28 February 1981, the applicant was honorably retired from military service.  He completed 26 years, 11 months and 29 days of total creditable service.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Good Conduct Medal (6th Award), the Air Medal, the Army Commendation Medal w/”V” Device, the Bronze Star Medal, 2 Overseas Service Bars, the Master Aircraft Badge, The Vietnam Service Medal w/1 silver service star, the Vietnam Campaign Medal, the Sharpshooter Badge w/Rifle Bar (M-14) and the Expert Badge w/Carbine Bar.  It does not show the PH as an authorized award. 

7.  There are no orders in the applicant’s official military personnel record, which shows that he was awarded the PH.  The applicant’s medical record is unavailable for review.

8.  A review of the Historical Files at the National Archives, College Park, Maryland, failed to show that the applicant was injured as a result of hostile action.  Further review of the historical files revealed that on 26 September 1968, the date that the applicant contends that he was wounded shows that D Troop, 3rd Squadron, 5th Cavalry, was attached to the 9th Aviation Battalion.  Review of that unit’s historical files also failed to show that the applicant was injured.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that D Troop, 3rd Squadron, 5th Cavalry, 
9th Infantry Division was awarded the RVN Civil Actions Honor Medal for the period 19 February 1966 – 15 February 1968, the RVN Gallantry Cross w/Palm for the period 1 December 1966 – 30 June 1968 and the Valorous Unit Award for the period 6 – 12 May 1968.

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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The Board notes the contentions of the applicant.  However, there is no evidence in the applicant’s official military personnel record, which shows that he was wounded/treated for an injury that resulted from hostile action.

2.  A review of the historical files failed to authenticate the applicant’s contentions. Therefore, without official substantiated evidence the Board is reluctant to take any action to amend the applicant’s DD Form 214 to reflect the award of the PH.  However, if the applicant can provide official documented evidence such as official military treatment records he may reapply.

3.  The evidence of record shows that the applicant was assigned to a unit during a period of time the unit was awarded the RVN Civil Actions Honor Medal, the RVN Gallantry Cross w/Palm and the Valorous Unit Award.

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 by amending the applicant’s DD Form 24, to show the RVN Civil Actions Honor Medal, the RVN Gallantry Cross w/Palm and the Valorous Unit Award.

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

BOARD VOTE:  

__jns___  __lds___  __jtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001059624	
SUFFIX		
RECON		
DATE BOARDED	20020321	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.