PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            14 May 2002
	DOCKET NUMBER:   AR2002068105

	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. Jessie B. Strickland		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 that his records be corrected to reflect his award of the Purple Heart.

3.  The applicant states, in effect, that he was wounded in Vietnam during an ambush and was awarded the Purple Heart.  However, it was never entered on his records. 

4.  The applicant’s military records show that he enlisted in Phoenix, Arizona, on 3 December 1968, for a period of 3 years and training as a motor transport operator.  He successfully completed his training and was transferred to Vietnam on 5 May 1969.  He was initially assigned to the 541st Transportation Company as a light vehicle driver and on 28 February 1970, he was transferred to the 545th Transportation Company for duty as a heavy vehicle driver.

5.  He departed Vietnam on 5 December 1970 and was transferred to Germany on 13 January 1971, where he remained until he was honorably released from active duty on 24 November 1971.  He had served 2 year, 11 months and 22 days of total active service and was awarded the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal and the National Defense Service Medal.  A review of his records fails to show that he was ever wounded or injured while in Vietnam.  At the time of his separation, he underwent a medical/physical examination, which also is absent any evidence of a wound or injury. 

6.  In 1991 and 2001, the National Personnel Records Center issued authorizations for issuance of awards to the applicant.  However, the only awards that can be verified that the applicant is entitled to receive, which are not entered on his DD Form 214, are the Meritorious Unit Commendation (MUC), the Sharpshooter Marksmanship Badge with rifle bar, the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Gallantry Cross with Gold Star (RVNGC w/GS) Unit Citation.  He also participated in five campaigns and is entitled to a silver service star to be awarded on his already awarded VSM.

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was authorized awards of the MUC, the RVNGC w/Palm Unit Citation and the RVNGC w/GS Unit Citation during the period he was assigned to the unit. 

8.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

CONCLUSIONS:

1.  The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action or that he was ever awarded the Purple Heart.  Therefore, in the absence of evidence to the contrary, there is no basis for the Board to correct his records to show that award.

2.  However, the evidence of record does show that he should have been awarded the MUC, the RVNGC w/Palm Unit Citation, the RVNGC w/GS Unit Citation, one silver service star for his already awarded VSM and his records should reflect his award of the Sharpshooter Badge with rifle bar.  Accordingly, it would be in the interest of justice to do so 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 awarding the individual concerned the MUC, the RVNGC w/Palm Unit Citation, the RVNGC w/GS Unit Citation, one silver service star for his already awarded VSM and correcting his records to show his award of the Sharpshooter Badge with rifle bar as well.

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

BOARD VOTE:  

__kan___  __mhm__  ___dh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Melvin H. Meyer_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068105	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  80	107.0034/MUC	
3.  140	107.0094/RVNGC	
4.		
5.		
6.