PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               30 October 2001              
	DOCKET NUMBER:       AR2001060166

	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. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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.

3.  The applicant states that the five ton dump truck in which he was riding hit a land mine while in convoy from his base camp of “GiaRay” to “Black Horse” on or about 21 January 1967.  At that point, he received metal fragments in the right foot, right leg, and right hand and was treated by a medic from the 11th Armored Cavalry.  He claims that this event happened in the village of “Suidat”.  At present, he has cancer due to Agent Orange and would like his records corrected for his son.  In support of his application, he submits a supplemental letter, dated 11 July 2001.

4.  The applicant’s military records show that he entered active duty on 28 February 1966.  He completed basic and advanced individual training and served in Vietnam from 1 September 1967 through 31 August 1968.  The applicant was honorably released from active duty on 27 February 1969.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 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.  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).

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  His personnel records do not contain medical evidence which indicate he was treated for wounds as a result of hostile action.  The applicant’s report of medical examination for separation does not indicate defects of the skin or scars consistent with wounds sustained in combat.

7.  The Board noted that the applicant is entitled to award of the Vietnam Service Medal with three bronze service stars, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal.  His DA Form 20 (Enlisted Qualification Record) shows he received credit for participation in the Vietnam Counteroffensive, Phase III, and the Tet Counteroffensive campaigns in item 39 (Campaigns).  Army Regulation 600-8-22, Table B-1, shows he was also entitled to credit for participation in the Vietnam Counteroffensive, Phase IV during his tour in Vietnam.

9.  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 Meritorious Unit Commendation for actions during the period 1 October 1967 to 31 August 1968 by Department of the Army General Orders Number 51, dated 1971.  This document also shows that the applicant’s unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 2, dated 1971.

10.  The applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 19 March 1974.

11.  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.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  The Board noted the applicant’s contentions that he was wounded when the truck in which he was riding hit a land mine and that he was treated by a medic from the 11th Armored Cavalry.  However, there is no evidence of record which shows the applicant was wounded or treated for wounds as a result of hostile action.  Therefore, there is no basis for awarding him the Purple Heart.

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.

3.  Evidence of record shows that the applicant’s unit in Vietnam was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 will be amended to show these awards.

4.  The applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 will be amended to show this award.

5.  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 the individual concerned be corrected:

a.  by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214; and 

b.  by showing he was awarded the Vietnam Service Medal with three bronze service stars, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 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:  

CLA____  HBO_____  AAO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Celia L. Adolphi______
		        CHAIRPERSON

INDEX

CASE ID	AR2001060166	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011030	
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		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.