PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            9 May 2002
	DOCKET NUMBER:   AR2002069033

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Ms. 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 award of the Purple Heart. 

3.  The applicant states that he was wounded in May 1968 by rocket fire and his Purple Heart never came through before he was discharged.  He further states he never received orders for his Purple Heart and he is currently receiving 20 percent service connected disability for wounds to his left hand and arm. 

4.  The applicant’s military records show that he entered active duty on 10 June 1963.  His records show he served in Vietnam from 13 August 1965 to 16 August 1966 in the 611th Ordnance Company as a wheel vehicle mechanic and he served again in Vietnam with the 1st Battalion, 27th Field Artillery as a senior track vehicle mechanic from 22 March 1967 through 6 July 1968.  The applicant was honorably discharged from active duty on 9 July 1968.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 9 July 1968 covers both of his tours of duty in Vietnam.  This discharge document does not show the Purple Heart as an authorized award in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  The applicant’s name is not listed on the Vietnam Casualty Roster.

7.  The Board noted that the applicant is entitled to award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and one silver and two bronze service stars to be worn on his Vietnam Service Medal which are not shown on his DD Form 214 with an effective date of 9 July 1968.

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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to 

the 1st Battalion, 27th Field Artillery, the unit was cited for award of the Meritorious Unit Commendation during the period 11 September 1967 to 31 July 1968 by Headquarters Department of the Army General Orders Number 17, dated 1969.

10.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 1st Battalion, 27th Field Artillery, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 8, dated 1974 and for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 51, dated 1971.

11.  Appendix B of Army Regulation 600-8-22 lists, in pertinent part, the military campaigns of the Vietnam War.  Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in seven campaigns of the Vietnam War.

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.  Army Regulation 600-8-22 provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  In the absence of such evidence, there is no basis for award of the Purple Heart in this case.

2.  Orders show the applicant is entitled to award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

3.  Evidence of record shows that the applicant served in seven campaigns during the Vietnam War.  Therefore, he is entitled to wear one silver and two bronze service stars affixed to his Vietnam Service Medal and is entitled to correction of his records to shows these service stars.

4.  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 by showing the individual concerned was awarded the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver and two bronze service stars to be affixed to his Vietnam Service Medal.

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

BOARD VOTE:  

__TLP__  __SAC___  __JHL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ms. JoAnn H. Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR2002069033	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020509	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.