PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           1 August 2002                   
	DOCKET NUMBER:   AR2002069333

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumper		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 military records to show that he was awarded the Purple Heart and that he served in Vietnam for more than one year.

3.  The applicant states, in effect, that he was presented the Purple Heart in the summer of 1968, for getting injured while under attack, but returned the award.  He now wishes to receive the award.  In addition, the period of time he spent in Vietnam is incorrectly reflected as one year on his DD Form 214, Armed Forces of the US Report of Transfer or Discharge.

4.  In support of his request, the applicant submitted no official medical records or sworn affidavits, certificates, orders or eyewitness statements from commanders, leaders, or fellow comrades.

5.  The applicant’s military records show he entered the Regular Army on 28 November 1966.  He was trained as a 93F, Field Artillery Meteorological Plotter, and achieved the rank of specialist five.  He served in the Republic of Vietnam (RVN) from 14 May 1967 through 13 December 1968, while assigned to Headquarters Battery, 3rd Battalion, 18th Artillery, his character of service was honorable, and he was transferred to the US Army Reserve on 26 November 1969.

6.  His DD Form 214, signed by the applicant, reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal with bronze service star, the Vietnam Campaign Medal with 60 device, the Good Conduct Medal and two Overseas Bars.  An entry reads "SPS QUAL BAD", should correctly read Sharpshooter Badge with rifle bar.  The Purple Heart is not listed as an authorized award.  Item 22c (Foreign and/or Sea Service) reflects 1 year, 0 months and 0 days. He is credited with 2 years, 11 months and 29 days total active service.  The document does not reflect any lost time.

7.  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).  Item 29 (Campaigns) shows he was credited with participation in five campaigns.  The applicant’s name is not listed on the Vietnam Casualty Roster.

8.  His record contains orders that show he was awarded the Army Commendation Medal for the period May 1967 through November 1968.

9.  On 24 April 1969, orders were issued that show he qualified for the Sharpshooter Badge with rifle bar. 

10.  On 17 November 1969, the applicant completed a Report of Medical History form in preparation for a separation physical examination.  In response to the question "Have you ever had any illness or injury other those already noted?," the applicant indicated only a car accident.  There are no entries concerning any injury that occurred in combat.

11.  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.

12.  The same regulation provides that the bronze service star is authorized for wear on the Vietnam Service Medal for each campaign when assigned or attached to and present for duty with a unit during the period in which it participated in combat, or was under order to such unit in a combat zone.
In the applicant’s case, he is entitled to credit for participation in the Tet Offense, the Vietnam Counteroffensive Phases II, III, IV, and V Campaigns.

13.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows the applicant’s unit, while he was assigned, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 per Department of the Army General Orders Number 54, dated 1974.

14.  Army Regulation 600-200, Enlisted Personnel Management System, the regulation then in effect, provides that item 40 (Wounds) of the Enlisted Qualification Record, will contain a brief description of wounds or injuries requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.

CONCLUSIONS:

1.   While the Board has no reason to doubt the applicant’s statement that he was in fact wounded and awarded the Purple Heart, documentary evidence is required to correct a military record.  There is no evidence, nor does the applicant provide any, which supports his contention that he was wounded as a result of hostile action or that he was awarded the Purple Heart.  In fact, just prior to separation the applicant endorsed the accuracy of his medical records that he had not been injured.  In light of the evidence available, the Board concludes there is insufficient evidence to approve the award of the Purple Heart.

2.  Nonetheless, in reviewing his case it was noted that he is entitled to the Army Commendation Medal, the Vietnam Service Medal with one silver service star, the RVN Gallantry Cross with Palm Unit Citation, and a correction of his records to show these awards would be appropriate.  In addition the entry "SPS QUAL BAD", should be corrected to read the Sharpshooter Badge with rifle bar.

3.  The applicant served in Vietnam from 14 May 1967 through 13 December 1968 a period of 1 year, 7 months, and 0 days.

4.  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:

a.   showing that the individual concerned was awarded the Army Commendation Medal, the Vietnam Service Medal with one silver service star, the RVN Gallantry Cross with Palm Unit Citation; 

b.  correcting the entry "SPS QUAL BAD" to read Sharpshooter Badge with rifle bar; and

c.  correcting the entry for foreign and/or sea service (item 22c of DD Form 214) to read 1 year, 7 months, and 0 days.

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

BOARD VOTE:  

____sac_  ____mhm  ___rks___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Samuel A. Crumper______
		        CHAIRPERSON

INDEX

CASE ID	AR2002069333	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020801	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.107.00		
2.		
3.		
4.		
5.		
6.