PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 April 2002              
	DOCKET NUMBER:   AR2002066880

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		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, in effect, that he be awarded the Purple Heart (PH). 

3.  The applicant states, in effect, that he was injured in action on 26 March 1968, while serving in the Republic of Vietnam (RVN).  He states that his jeep overturned when his convoy was ambushed.  This resulted in his receiving lacerations to his head and eyebrow that required suturing.  He claims that he received medical treatment for this wound on 26 March 1968, and in support of his application, he provides a copy of a Chronological Record of Medical Care (SF Form 600).

4.  The applicant’s military records show that he entered active duty on 11 April 1967 and that he served for 3 years, 9 months, and 25 days until being honorably separated on 5 February 1971.   

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN for 19 months, from 20 September 1967 through 6 May 1969 and that he participated in 6 campaigns.  During his tenure in the RVN, he served with the following units for the periods indicated:  Company C, 1st Battalion, 
8th Cavalry Regiment, 1st Infantry Division, from 25 September through 2 October 1967; Company B, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division, from 3 October 1967 through 2 March 1968; and Company D, 51st Infantry Regiment, from 3 March 1968 through 4 May 1969.  

6.  Item 33 (Appointments and Reductions) of his DA Form 20 verifies that the highest rank he attained while serving on active duty was sergeant/E-5, which he was promoted to on 25 September 1969.  Item 40 (Wounds) contains no entry, which would indicate that he was not wounded in action during his active duty tenure.  

7.  The separation document issued to the applicant upon his separation from active duty on 5 February 1971, confirms that during his active duty tenure he received the following awards:  National Defense Service Medal; Combat Infantryman Badge; Vietnam Service Medal; RVN Campaign Medal; Meritorious Unit Citation; Army Good Conduct Medal; and the Marksman Marksmanship Badge (Rifle).  The PH is not included in the list of authorized awards contained in the DD Form 214.  

8.  In support of his application, the applicant provides a copy of a Chronological Record of Medical Care (SF 600), which confirms that on 26 March 1968, he was involved in an automobile accident in which his jeep overturned.  This resulted in his receiving lacerations to his head and right upper eyelid.  The treatment record gives no indication that this accident was the result of enemy action.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Paragraph 2-8 contains guidance on awarding the Purple Heart.  It states, in pertinent part, that the PH is authorized to members who are wounded in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained in action.  The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record. 

10.  Paragraph 2-13 contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign in which a member participated and that a silver service star is used in lieu of 5 bronze service stars.  Paragraph 9-27 contains guidance the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which was awarded by the Vietnamese government to all units that served in the RVN between 8 February 1962 and 28 March 1973, and was authorized by General Order Number 8, dated 10 March 1974, which entitled all personnel who served in those units during the period indicated to this award. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be awarded the PH, but it finds insufficient evidence to support this claim.  While the applicant has provided a copy of a medical treatment record that confirms that he was injured in an automobile accident while serving in the RVN, this document does not verify that this injury was the result of enemy action.  Therefore, the Board is compelled to deny the requested relief. 

2.  During the processing of this case, the Board discovered that based on his service in the RVN, the applicant is entitled to 1 silver service star and 1 bronze service star with his Vietnam Service Medal, to denote his participation in 
6 campaigns in the RVN; and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the Board concludes it would be appropriate to add these awards to his record at this time.  

3.  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 is entitled to 1 silver service star and 1 bronze service star with his Vietnam Service Medal and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that reflects these awards.  

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

BOARD VOTE:  

    FNE          BJE            REB      GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		       Fred N. Eichorn            
		        CHAIRPERSON

INDEX

CASE ID	AR2002066880	
SUFFIX		
RECON		
DATE BOARDED	2002/04/18	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1971/02/05	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.