PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           28 March 2002                 
	DOCKET NUMBER:   AR2002067990

	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. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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 DD Form 214 (Report of Transfer or Discharge), be corrected to show that he was awarded the Purple Heart and all other authorized awards.

3.  The applicant states, in effect, that metal fragments struck his right knee, most likely from an enemy rocket, during a battle in Vietnam.  He believes he is entitled to the Purple Heart.

4.  He entered the Regular Army on 29 November 1968 and was trained as a cannoneer.  He served with C Battery, 1st Battalion, 92nd Artillery in Vietnam from 13 May 1969 through 13 April 1970.  He was promoted to specialist, and was honorably separated from active duty and transferred to the US Army Reserve on 25 November 1970.

5.  His awards include the National Defense Service Medal, the Vietnam Service Medal with 3 bronze service stars, and the Vietnam Campaign Medal with 60 device.

6.  His DD Form 214 does not reflect the Purple Heart as an award and the applicant signed the form.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record), item 20 (Wounds), contains no entries.  Item 41 (Awards and Decorations) does not reflect the Purple Heart as an authorized award and the applicant signed the form.

8.  On 20 November 1970, the applicant signed a form to indicate that to the best of his knowledge there had been no change in his medical condition.

9.  Department of the Army Pamphlet 672-3, provides that all units that were subordinate to Headquarters, United States Military Assistance Command are entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974. 

10.  The same pamphlet shows that 1st Battalion, 92nd Artillery was awarded the Valorous Unit Award.

11.  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.

12.  Army Regulation 600-200 provides, in pertinent part, that Item 40 (Wounds) of the DA Form 20 will contain a brief description of wounds or injuries (including injury from gas) 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 in fact wounded, documentary evidence is required to correct a military record.
The applicant provided no evidence and the records available to the Board contain no evidence which supports his contention that he was wounded by hostile fire and that those wounds were treated by a medical officer; conditions necessary for the award of the Purple Heart.  In fact, just prior to separation the applicant by his signature endorsed the accuracy of personnel records that did not reflect the Purple Heart and he signed a statement indicating there had been no changes in his physical condition.  In light of the evidence available, the Board concludes there is insufficient evidence to approve the award of the Purple Heart.

2.  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 Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

__fne____  ___le___  ___tl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Fred N. Eichorn__________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067990	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020328	
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	
2.		
3.		
4.		
5.		
6.