PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            9 May 2002
	DOCKET NUMBER:   AR2002070182

	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, on 29 March 1967, he received a concussion when an armored personnel carrier (APC) in which he was riding hit a tank trap.  He also states that he never received the Purple Heart “even though I was injured (wounded) and hospitalized.”  In support of his application, the applicant submitted 26 pages of his service medical records.

4.  The applicant’s military records show that he entered active duty on 9 June 1965 and completed training as a general vehicle repairman.  He served in Vietnam from 22 September 1966 to 17 September 1967 as a track vehicle mechanic.  The applicant was honorably separated from active duty on 15 July 1968.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which is authenticated in the applicant’s own hand, does not show the Purple Heart as an authorized award in item 24 (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).

7.  Among the medical records provided by the applicant are copies of DA Forms 8-275-3 (Clinical Record Cover Sheet).  These medical records show that competent medical authority diagnosed the applicant with a cerebral concussion resulting from striking his head on the gun shield of an APC on 29 March 1967.  The medical record also shows that the injury was determined to be “AI” [accidental injury]. 

8.  The Board noted that the applicant was entitled to the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.

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 the unit to which the applicant was assigned, the 2d Battalion of the 22 Infantry, was cited for award of the Presidential Unit Citation for actions on 21 March 1967 by Department of the Army General Orders Number 59, dated 1968.

10.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 2d Battalion of the 22 Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 48, dated 1971.

11.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 2d Battalion of the 22 Infantry, this unit was cited 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.

12.  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.

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 during his assignment in Vietnam. 

2.  There is no evidence that the applicant’s head injury resulted from enemy action.  Hospital records provided by the applicant show that he was accidentally injured on 29 March 1967 when he struck his head on a gun shield of an APC in which he was riding.  

3.  Based on the foregoing, there is insufficient evidence to support award of the Purple Heart in this case.

4.  Orders show that the applicant is entitled to award of the Presidential Unit Citation; therefore, he is entitled to correction of his records to show that United States unit award.

5.  Orders show that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  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 showing the individual concerned was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

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

BOARD VOTE:  

__TLP__  __JNS___  __JHL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ms. JoAnn H. Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR2002070182	
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	GRANT 	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.