PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 May 2002        
	DOCKET NUMBER:   AR2002069177

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman		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, in effect, that he should have received the Purple Heart for injuries sustained to his bottom lip and teeth during mortar fire in Vietnam.  In support of his application, he submits an undated letter of explanation; a copy of his DD Form 214 (Report of Transfer or Discharge); a Standard Form 180 (Request Pertaining to Military Records), dated 12 February 2002; and health and dental records. 

4.  The applicant’s military records show that he was inducted on 6 July 1966.  He served as a quarryman in Vietnam from 10 August 1967 through 27 June 1968 and was honorably released on 21 June 1968. 

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6.  There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

7.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Award and Decorations) on his DA Form 20 does not show entitlement to the Purple Heart.  The applicant’s name does not appear on the Vietnam Casualty Roster.

8.  Evidence of record shows that on 21 June 1968 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

9.  The applicant provided health and dental records which show that he was treated for a laceration to his lower lip on 10 November 1967 and instructed to report to the dentist for loose teeth.  There is no evidence that these injuries were the result of hostile action.

10.  Headquarters 20th Engineer Brigade General Orders Number 636, dated 
25 June 1968, show the applicant was awarded the Army Commendation Medal for meritorious service during the period August 1967 to June 1968.  This award is not shown on his discharge document.

11.  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 the unit, to which the applicant was initially assigned, the 544th Engineer Company, was cited for award of the Meritorious Unit Commendation for actions during the period 1 October 1967 to 31 August 1968 by Department of the Army General Orders Number 42, dated 1969.  The applicant’s second duty assignment, the 36th Engineer Battalion, was also cited for the Meritorious Unit Commendation for actions during the period 1 October 1967 to 31 August 1968 by Department of the Army General Orders Number 
51, dated 1971.  These unit commendations are not shown on his discharge document.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  This unit citation is not shown on his discharge document.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 43, dated 1970.  This unit citation is not shown on his discharge document.

14.  Army Regulation 600-8-22 (Military Awards) 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.
  
CONCLUSIONS:

1.  The Board considered the applicant’s contention that he should have received the Purple Heart for injuries sustained to his bottom lip and teeth during mortar fire in Vietnam.  The Board also considered the health and dental records provided in support of the applicant’s claim.  However, the health and dental records do not show that the applicant’s injuries to his lower lip and teeth were the result of hostile action in Vietnam. 

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the Board determined that there was insufficient evidence on which to base award of the Purple Heart in this case.   

3.  The applicant received the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The applicant’s units received two awards of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

5.  In view of the foregoing finding 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 that the individual concerned was awarded the Army Commendation Medal, two awards of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 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:  

MHM___  KAN____  DPH_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Melvin H. Meyer___
		        CHAIRPERSON

INDEX

CASE ID	AR2002069177	
SUFFIX		
RECON		
DATE BOARDED	20020514	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.