PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           6 August 2002                   
	DOCKET NUMBER:   AR2001064754

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Paula Mokulis		Member	
	Mr. Donald P. Hupman		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 military records be corrected to show he was awarded the Purple Heart.

3.  The applicant states, in effect, that while engaged in combat in Vietnam he was injured by shrapnel and hospitalized.  He was never awarded the Purple Heart, but believes his injuries entitle him to that award.

4.  In support of his request, the applicant submitted no official medical records or sworn affidavits, certificates, orders or eyewitness statements from commanders, leaders, or comrades.

5.  The applicant’s military records show that he was inducted on 25 May 1967.  He was trained as a 13A, Artilleryman, and achieved the rank of specialist.  He served in the Republic of Vietnam (RVN) from 18 October 1967 through 10 October 1968, while assigned to Battery C, 6th Battalion, 14th Infantry.  His character of service was honorable.  He was transferred to the US Army Reserve on 23 May 1969 after completing 1 year, 11 months and 29 days of creditable active service.  The record does not reflect any lost time.

6.  His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, signed by the applicant, reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal with battle star, the Vietnam Campaign Medal with 60 device, the Expert Badge with rifle bar, and two Overseas Bars.  The Purple Heart is not listed as an authorized award.

7.  There are no orders in the applicant’s personnel records showing that he was awarded the Purple Heart.  Neither is there any evidence that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record), signed by him, does not show an entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  The applicant’s name is not listed on the Vietnam Casualty Roster.

8.  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.

9.  The same regulation provides, in pertinent part, that the Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service: for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

10.  The same regulation provides that a bronze service star, based on qualifying service for each campaign listed in Appendix B of the regulation, will be worn on the appropriate service medal.  In the applicant’s case, he is entitled to credit for the Vietnam Counteroffensive Phase III, IV, and V Campaigns, and the Tet Offensive.

11.  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 that, at the time of the applicant’s assignment to Battery C, 6th Battalion, 14th Infantry, the unit was cited for award of the Meritorious Unit Commendation for the period 27 November 1965 through 10 November 1967 by Department of the Army General Orders (DAGO) Number 48, dated 1968, the RVN Gallantry Cross with Palm Unit Citation for the period 23 October 1965 through 23 June 1970 by authority of DAGO Number 55, dated 1971, and the Presidential Unit Citation for the period 29 October through November 1967, by authority of DAGO 38, dated 1971.

12.  Army Regulation 600-200, Enlisted Personnel Management System, the regulation then in effect, provides that item 40 (Wounds) of the Enlisted Qualification Record, will contain a brief description of wounds or injuries requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.

CONCLUSIONS:

1.   While the Board has no reason to doubt the applicant’s statement that he was injured while engaged in combat and is entitled to the Purple Heart, documentary evidence is required to correct a military record.  There is no evidence, nor has the applicant provided any, which supports his contention that he was wounded as a result of hostile action.  In fact, the applicant endorsed the accuracy of his DA Form 20 and DD Form 214, which indicate that he had not been wounded or awarded the Purple Heart.  In light of the information available, the Board concludes there is insufficient evidence to approve the award of the Purple Heart.

2.  Nonetheless, in reviewing his records, it was noted that he is authorized the Presidential Unit Citation, the Meritorious Unit Commendation, the RVN Gallantry Cross with Palm Unit Citation, and is entitled to a correction of his records to show these awards.

3.  Evidence of record shows that the applicant served in four campaigns during the Vietnam War.  Therefore, he is entitled to wear four bronze service stars affixed to his Vietnam Service Medal and is entitled to correction of his records to shows these service stars.

4.  Similarly, the applicant’s service was meritorious, as evidenced by his promotion to pay grade E-4, and his record is devoid of any evidence of disciplinary action taken against him.  As such, it would appear that the absence of the Good Conduct Medal for the period of his service from 25 May 1967 through 23 May 1969 was in error and he is entitled to a correction of his records to show this award.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Presidential Unit Citation, the Meritorious Unit Commendation, the Good Conduct Medal for the period 25 May 1967 through 23 May 1969, the Vietnam Service Medal with four bronze service stars and the RVN Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

__lls____  ____pm__  ____dph_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Luther L. Santiful______
		        CHAIRPERSON

INDEX

CASE ID	AR2001064754	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020806	
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         1.107.00		
2.		
3.		
4.		
5.		
6.