PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 May 2002                   
	DOCKET NUMBER:   AR2002068433

	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:

	Ms. Joann Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Terry L. Placek		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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) be corrected to reflect the award of the Purple Heart.

3.  The applicant states in effect, that he was awarded the Purple Heart; however, the award is not listed on his DD Form 214.

4.  The applicant’s military records show that he was inducted in the Army of the United States on 15 February 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C10 (Infantry Indirect Fire Crewman).  

5.  While assigned to Company C, 4th Battalion, 1st Training Brigade, Fort Jackson, South Carolina, the applicant was awarded the Sharpshooter Badge with Rifle Bar based on Special Orders #75, dated 8 April 1966 issued by Headquarters, 1st Training Brigade, Fort Jackson, South Carolina.  However, this award is not reflected on the applicant’s DD Form 214.

6.  The applicant arrived in the Republic of Vietnam on or about 31 July 1966.  He was assigned to Company D, 1st Battalion, 12th Cavalry, 1st Cavalry Division, Vietnam as an ammunition bearer.  He was also assigned to Company B, 1st Battalion, 12th Cavalry, 1st Cavalry Division, Vietnam as a Gunner.  The applicant departed the Republic of Vietnam on or about 24 July 1967.  

7.  There are no orders in the applicant’s service personnel record, which show that he was awarded the Purple Heart.

8.  The applicant’s DA Form 20, (Enlisted Qualification Record, (DA Form 20), item 40 (Wounds) shows that he was wounded in the right arm and leg on
16 October 1966.

9.  The applicant’s medical record is unavailable for review.  However, further review of the applicant’s Official Military Personnel Service Record revealed
DA Form 8-824 (Medical Condition Physical Profile Record).  The form shows that the applicant was treated on 16 October 1966, for fragment wounds.

10.  On 16 February 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows that he completed 1 year, 11 months and 29 days of creditable active duty service.  He was awarded the National Defense Service Medal, the Vietnam Service Medal 

with 2 bronze service stars, the Republic of Vietnam Campaign Medal with Device 1960, the Combat Infantryman Badge, 1 Overseas Bar and the Air Medal.
The applicant’s DD Form 214 does not show the award of the PH.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Company D, 1st Battalion, 12th Cavalry, 
1st Cavalry Division was awarded the Presidential Unit Citation for the period 
2 – 3 October 1966, based on Department of the Army General Orders Number 
7 dated 1968.  However, this award is not listed on the applicant’s DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Company D, 1st Battalion, 12 Cavalry, 
1st Cavalry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 – 19 May 1969, based on the Department of the Army General Orders #56, dated 1969.  This award is not listed 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 by a medical officer, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The Board accepts that the wounds the applicant received on his right arm and leg on 16 October 1966 were the result of hostile fire.  Although the applicant did not meet all requirements for the PH, the Board believes that he has presented enough evidence to grant him entitlement to the award of the PH.

2.  The evidence of record shows that Special Orders #75, dated 8 April 1966, awarded the applicant the sharpshooter Badge with Rifle Bar.  Therefore, he is entitled to correction of his DD Form 214 to reflect this award.

3.  The evidence of record also shows that the applicant was assigned to a unit during a period of time that the unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation.  These unit awards should be added to his DD Form 214.

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

RECOMMENDATION:

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 Purple
Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation and the Sharpshooter Badge with Rifle Bar.

BOARD VOTE:  

__jl____  __jns___  __tlp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Joann Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002068433	
SUFFIX		
RECON		
DATE BOARDED	20020509	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.