PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 October 2001                   
	DOCKET NUMBER:   AR2001060167

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman 		Member	
	Mr. Ronald E. Blakely		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 (Report of Transfer or Discharge) to show two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

3.  The applicant states, in effect, that his discharge document does not show any award of the Purple Heart.  He contends that he was wounded on 
28 September 1967 and received the Purple Heart.  He also contends that he was injured a second time in a mine vehicle explosion on 8 December 1968.  In support of his application, he submits a letter of explanation, date 6 July 2001; a copy of his DD Form 214 and an award certificate for the Purple Heart for wounds received in action on 28 September 1967. 

4.  The applicant’s military records show that he was inducted on 21 March 1967. He served as an armor intelligence specialist in Vietnam from 9 August 1967 through 8 August 1968 and was honorably released on 29 March 1969. 

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

6.  196th Light Infantry Brigade General Orders Number 1332, dated 8 October 1967, show the applicant was awarded the Purple Heart for wounds received in action on 28 September 1967.

7.  The applicant’s name appears on the Vietnam Casualty Roster for wounds received in action on 11 December 1967. 

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 unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions during the period 
31 January 1968 to 5 February 1968 by Department of the Army General Orders Number 28, dated 1969.  This award is not shown on his discharge document.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 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 60, dated 1969.  This award is not shown on his discharge document.

10.  Army Regulation 600-8-22 (Military Awards) 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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was wounded in action on 28 September 1967 and on 8 December 1968 in Vietnam.  However, evidence of record shows the applicant served in Vietnam from 9 August 1967 through 
8 August 1968.

2.  Evidence of record shows the applicant was wounded in action on 
28 September 1967 and on 11 December 1967 in Vietnam.  Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Purple Heart with First Oak Leaf Cluster.

3.  The applicant’s unit was cited for the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore the applicant is entitled to correction of his DD Form 214 to show these unit awards. 

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart with First Oak Leaf Cluster, the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

RJW____  KAN____  REB____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR2001060167	
SUFFIX		
RECON		
DATE BOARDED	20011025	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0033	
3.	107.0094	
4.		
5.		
6.