PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                10 October 2001             
	DOCKET NUMBER:        AR2001059660

	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:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Charles Gainor		Member	
	Mr. Joe R. Schroeder		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

3.  The applicant states that he was injured by incoming enemy fire in May 1968. He claims that he sustained burn injuries and damage to his legs and feet.

4.  The applicant’s military records show that he was inducted on 21 September 1967.  He completed basic and advanced individual training and served as a cannoneer in Vietnam from 4 March 1968 through 3 March 1969.  The applicant was honorably released from active duty on 19 September 1969. 

5.  The applicant’s DD Form 214, which was authenticated in his own hand at the time of his separation from the Service, does not show the Purple Heart as an authorized award.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in 
item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

7.  The Board noted that the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Meritorious Unit Commendation which are not shown on his discharge document.

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 applicant’s unit in Vietnam, 1st Cavalry Division, 30th Artillery, 1st Battalion, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit in Vietnam was cited for award of the Meritorious Unit Commendation for actions during the period 1 January to 1 September 1968 by Department of the Army General Orders Number 42, dated 1969.  The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 26 October 1968 to 11 June 1969 by Department of the Army General Orders Number 39, dated 1970.

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.  The Board considered the applicant’s contention that he was injured in May 1968 by enemy fire and that he sustained burns and damage to his legs and feet. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action.  Therefore, there is no basis for granting him award of the Purple Heart.

2.  While the applicant was assigned to the 1st Battalion of the 30th Artillery in Vietnam, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only 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 and two awards of the Meritorious Unit Commendation.

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

BOARD VOTE:  

LLS_____  JRS_____  CG_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR2001059660	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011010	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.