PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 December 2001                   
	DOCKET NUMBER:   AR2001061768

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		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 that his Report of Separation from Active Duty, DD Form 214, be amended to add the Purple Heart.

3.  The applicant makes no additional statement.

4.  The applicant’s military records show that he was inducted into the Army on 19 January 1967.  After two periods of being absent without leave (AWOL), for which he was convicted by court-martial, he completed advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was assigned to Troop D, 17th Cavalry, 199th Infantry Brigade, Vietnam on or about 3 September 1968.  He was awarded the Combat Infantryman Badge.  His Enlisted Qualification Record, DA Form 20, item 40 shows that he received a fragmentation wound to the first finger of his right hand on 12 February 1969.  He departed Vietnam on 7 July 1969 after receiving excellent conduct and efficiency ratings.

5.  The applicant was reassigned to Fort Riley, KS where he again departed AWOL.  Upon his return to military control, he requested a discharge in lieu of trial by court-martial, which was approved, and he was discharged with a discharge under other than honorable conditions on 4 May 1970.

6.  On or about 29 June 1978, the Army Discharge Review Board (ADRB) upgraded the applicant’s discharge to general under honorable conditions based on his excellent combat record and his having been wounded in combat.  (When his DD Form 214 was re-issued, item 18(f) erroneously showed he had only      13 days of foreign service.)

7.  On 19 October 1987, the Army Reserve Personnel Center authorized issuance of the Purple Heart to the applicant.

8.  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.

9.  Department of the Army Pamphlet 672-3 shows that Troop D, 17th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 – 31 July 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 12 December 1966 – 31 August 1970.

CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action on         12 February 1969.  The Board therefore concludes he met the eligibility criteria for award of the Purple Heart.  He was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class.  These unit awards should also be added to his DD Form 214.

2.  The applicant’s re-issued DD Form 214 contains an error in item 18(f).  He served more than 13 days of foreign service.

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

RECOMMENDATION:

That the applicant’s DD Form 214 be amended to add the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class and corrected to show his actual foreign service.

BOARD VOTE:  

__fne___  __tap___  __hbo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001061768	
SUFFIX		
RECON		
DATE BOARDED	20011206	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.