PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:              11 July 2002
	DOCKET NUMBER:     AR2002068794

	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	
	Ms. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Henry B. Oberg		Member	
	Mr. John T. Meixell		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Presidential Unit Citation (Navy) in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

3.  The applicant states that he was wounded in Vietnam on 24 October 1968 and was treated at the Walter Reed Army Medical Center in Washington, DC.  He states that he was authorized award of the Presidential Unit Citation (Navy) by general orders submitted in support of his application.  In support of his application, the applicant submits a portion of his DA Form 20 (Enlisted Qualification Record) and general orders awarding the Presidential Unit Citation (Navy).

4.  The applicant’s military records show that he was inducted in the Army on 14 November 1966 and completed training as an armor crewman.  He served in Vietnam from 28 March 1968 through 6 November 1968 and was released from active duty on 15 November 1968 on temporary records and the applicant's affidavit.  His DD Form 214 does not show the Purple Heart or the Presidential Unit Citation (Navy) as authorized awards.

5.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  Under item 39 (Physician's Summary and Elaboration of All Pertinent Data) on Standard Form 89 (Report of Medical History), the physician indicated that the applicant sustained a scalp injury on 24 October 1968 as a result of hostile action in Vietnam.  However, his 
DA Form 20 does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  The applicant’s name does not appear on the Vietnam Casualty Roster.

6.  Records show the applicant was assigned to Battery D, 1st Battalion, 44th Artillery during his tour in Vietnam.  Item 41 (Awards and Decorations) on his DA Form 20 shows he was awarded the Presidential Unit Citation (Navy) by Headquarters, Department of the Army General Orders Number 38 and 45, dated September 1968.

7.  The applicant provided a copy of 1st Battalion, 44th Artillery General Order Number 38 and General Order Number 45, dated 3 September 1968, which awarded the Presidential Unit Citation (Navy) to the Detachment, 44th Artillery for actions during the period 20 January to 31 March 1968.

8.  A review of the applicant's records revealed that he was entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with four bronze service stars which are not shown on his discharge document.
9.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal.  His DA Form 20 shows he received credit for participation in the Tet Counteroffensive Campaign and the "7th Campaign" [Vietnam Counteroffensive Campaign, Phase IV] in item 39 (Campaigns).  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the applicant was also entitled to credit for participation in the Vietnam Counteroffensive Campaign, Phase V and the Vietnam Counteroffensive Campaign, Phase VI.

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 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  There are no orders which awarded the applicant the Purple Heart.

2.  The applicant authenticated his discharge document which does not show the Purple Heart as an authorized award.

3.  The Board considered the applicant's Report of Medical History which indicates the applicant sustained a scalp injury on 24 October 1968.  However, the Board noted that this document was prepared based solely on information provided by the applicant.  

4.  In the absence of any other corroborating evidence of record which shows that the applicant was wounded or injured as a result of hostile action, this medical document alone is not sufficient as the basis for award of the Purple Heart.  Therefore, there is no basis for correcting his records to show award of the Purple Heart.

5.  While the applicant was assigned to the 1st Battalion of the 44th Artillery in Vietnam, the unit was awarded the Presidential Unit Citation (Navy).  Therefore,  he is entitled to the Presidential Unit Citation (Navy) and correction of his DD Form 214 to show this award.
6.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

7.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these awards.   

8.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by deleting the entry "Vietnam Service Medal" from item 24 of the individual concerned DD Form 214; and

b.  by amending item 24 of his DD Form 214 to show he was awarded the Presidential Unit Citation (Navy), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with four bronze service stars.

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

BOARD VOTE:  

TSK____  HBO_____  JTM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ted S. Kanamine_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002068794	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020711	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.