PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 May 2002                   
	DOCKET NUMBER:   AR2002067703

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman, Jr.		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 the Purple Heart.

3.  The applicant states in effect, that he injured his eye while assigned to a unit in the Republic of Vietnam (RVN).  He was working with some heavy equipment when a piece of the metal broke off and got in his left eye causing an injury.

4.  The applicant’s military records show that on 15 July 1966, he enlisted in the Regular Army for 3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 62B20 (Engineer Equipment Repairman).  On 7 December 1967, the applicant was honorably discharged from active duty for the purpose of reenlisting.  On 
8 December 1967, the applicant reenlisted for 3 years.  

5.  On 8 January 1971, the applicant was released from active duty and transferred to the U. S. Army Reserve.  His Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Armed Forces Expeditionary Medal (Korea), the Good Conduct Medal and the Expert Marksmanship Badge with Rifle Bar.  It does not show the Purple Heart as an authorized award.

6.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that he
served in the RVN from 8 August 1968 to 16 November 1968.  He was assigned to Headquarters and Headquarters Company, 1st Engineer Battalion, 1st Infantry Division, Vietnam as an engineer equipment repairman.

7.  The applicant’s medical record is not available.  His name does not appear on the Vietnam Casualty Roster.

8.  There are no orders in the applicant’s service personnel records, which show that he was awarded the Purple Heart.  There is no evidence in his record, which shows that he was wounded or was treated for wounds as a result of hostile action.  

9.  The applicant’s DA Form 20, does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations) as an authorized award.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that Headquarters and Headquarters Company , 1st Engineer Battalion, 1st Infantry Division, Vietnam was awarded the RVN Gallantry Cross with Palm Unit Citation, for the period 12 July 1965 – 
16 October 1968 based on the Department of the Army General Orders #21, dated 1969.  This unit award is not shown on the applicant’s DD Form 214.
11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that Headquarters and Headquarters Company, 1st Engineer Battalion, 1st Infantry Division, Vietnam was awarded 
the RVN Civil Actions Honor Medal, First Class Unit Citation, for the period 
October 1965 – 7 April 1970, by the Department of the Army General Orders #53, dated 1970.  This unit award is not shown on the applicant’s DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that Headquarters and Headquarters Company, 1st Engineer Battalion, 1st Infantry Division, Vietnam was awarded the Meritorious Unit Commendation for the period 3 June 1968 – 5 June 1969 based on the Department of the Army General Orders #50, dated 1971.  This unit award is not shown on the applicant’s DD Form 214.

13.  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, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  There is no evidence of record available to the Board, and the applicant has not provided any evidence, which shows that his eye injury resulted from hostile action.  In fact the applicant states that he was working on heavy equipment when his injury occurred.  Therefore, the applicant does not meet the criteria for award of the Purple Heart.

2.  The applicant’s unit was awarded the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal, First Class Unit Citation and the 
Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show these awards.

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 amending the applicant’s DD Form 214 to show the awards of the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal, First Class Unit Citation and the Meritorious Unit Commendation.

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

BOARD VOTE:  

__mhm__  __kan___  __dph___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Melvin H. Meyer
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067703	
SUFFIX		
RECON		
DATE BOARDED	20020514	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.