PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 January 2002
	DOCKET NUMBER:   AR2001062281

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Kenneth W. Lapin		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 military records be corrected to show the award of the Purple Heart (PH). 

3.  The applicant states, in effect, that his separation document (DD Form 214) does not show he was awarded the PH. In support of his application, he submits a copy of his DD Form 214, dated 12 April 1971, and a copy of an Authorization for Issuance of Awards (DA Form 1577), dated 11 May 1992.  

4.  The applicant’s military records show that on 3 August 1962, he enlisted in the Regular Army for 3 years and that he continuously served on active duty for 
8 years and 15 days until being honorably discharged on 12 April 1971.

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that he trained and served in military occupational specialty (MOS) 94B (Cook) and the  highest rank he attained while serving on active duty was sergeant/E-5 
(SGT/E-5).  It also verifies that he served two tours in the Republic of Vietnam (RVN), the first from 1 September 1965 to 12 November 1966 and the second from 22 November 1967 to 18 November 1968.  

6.  The applicant’s DA Form 20 also shows that during his assignments in the RVN he participated in 6 campaigns and that he earned the following awards:  Bronze Star Medal; Army Commendation Medal; National Defense Service Medal; Vietnam Service Medal; and Republic of Vietnam (RVN) Campaign Medal with 60 Device.  However, block 40 (Wounds) is blank and has no entry or remarks that would indicate that he was ever wounded or injured in action.  

7.  A Clinical Record Narrative Summary (Standard Form 502) on file indicates that on 16 March 1966, the applicant received a sprain of his coccyx.  It also confirms that this injury was incurred on 16 March 1966, when the applicant fell from a helicopter while it was crashing while he was participating in a search and destroy mission in the RVN.  In addition, this form confirms that the applicant was treated for this combat related injury at the 93rd Evacuation Hospital in the RVN from 16 March to 29 March 1966. 

8.  On 11 May 1992, Department of the Army authorized the issuance of the PH to the applicant in a DA Form 1577 (Authorization for Issuance of Awards) published by the Army Reserve Personnel Center (ARPERCEN), St. Louis, Missouri.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force. 

10.  Paragraph 2-8b (2) defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.  It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

11.  Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN and that a silver service star is authorized to be used in lieu of 5 bronze service stars.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This document confirms that units with which the applicant served earned the following awards during his assignment tenure:  Presidential Unit Citation; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. 

CONCLUSIONS:

1.  By regulation, in order to support awarding a member the PH, it is necessary to establish that the wound or injury was received while participating in an action against the enemy and that it required treatment by a medical officer.  This treatment of the wound or injury for which the PH is being awarded also must have been made a matter of official record.  

2.  The SF 502 in the record clearly establishes that the applicant received a combat related injury while participating in action against the enemy in the RVN and that this injury was treated by military medical officials and was made a matter of official record.  Therefore, the Board finds the evidence satisfies the regulatory criteria for award of the PH and it concludes that it would be appropriate to add this award to his record at this time. 

3.  In addition, the Board finds that the evidence of record confirms the applicant’s entitlement to the following awards based on his unit service and campaign participation in the RVN:  Presidential Unit Citation; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; in addition, to 1 silver service star and 1 bronze service star for his Vietnam Service Medal.  Therefore, the Board concludes it would also be appropriate to add these awards to his records at this time. 

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 for the individual concerned be corrected by showing that he was awarded the Purple Heart based on his being injured in action while serving as a private first class in the RVN on 16 March 1966; by showing he earned 1 silver service star and 
1 bronze service star for his Vietnam Service Medal; by showing he earned the following awards for his unit service in the RVN:  Presidential Unit Citation; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and by providing him a corrected separation document that reflects these changes. 

BOARD VOTE:  

__JLP __   _ _CJP __  __KWL     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __Jennifer L. Prater__
		        CHAIRPERSON

INDEX

CASE ID	AR2001062281	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/01/17	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	( GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.