PROCEEDINGS

	IN THE CASE OF:     .

	BOARD DATE:           25 June 2002                  
	DOCKET NUMBER:   AR2002069720

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Thomas Lanyi		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 he be issued the Purple Heart for wounds suffered in Vietnam.

3.  The applicant states that he was wounded by enemy fire.  In support of his request, he submits a copy of his DD Form 214, Report of Transfer or Discharge, and a copy of a Western Union Telegram from The Adjutant General of the Army to his sister advising that he had been wounded in action.

4.  The applicant’s military records were not available.  The DD Form 214 he furnished, however, shows that he was inducted on 6 July 1966, was awarded the military occupational specialty of infantry direct fire crewman, and served 11 months and 29 days in Vietnam (according to his application, he was assigned to the 1st Cavalry Division at An Khe).  He was honorably separated from active duty to the US Army Reserve on 5 July 1968 in the grade of specialist four.

5.  Awards shown on his DD Form 214 include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Air Medal, the Good Conduct Medal and the Marksman Badge with rifle bar.  The Purple Heart is not shown as an authorized award.

6.  The Western Union Telegram he furnished in support of his request shows that he was wounded in the right shoulder on 20 April 1967, as a result of hostile action.  The Vietnam Casualty Roster confirms that the applicant was wounded in Vietnam on that date.

7.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

8.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973, the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

CONCLUSIONS:

1.  The available evidence shows that the applicant was wounded in Vietnam as a result of hostile action on 20 April 1967, while a member of the 1st Cavalry Division, and is entitled to award of the Purple Heart.

2.  Likewise, based on his assignment to Vietnam, he is also entitled to the award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
3.  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 showing that the individual concerned was awarded the Purple Heart for wounds sustained on 20 April 1967, in Vietnam, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:  

__jns____  ____eja_  ____tl  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________John N. Slone____
		        CHAIRPERSON

INDEX

CASE ID	AR2002069720	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
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		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.