PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 September 2002
	DOCKET NUMBER:   AR2002070531

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. Donald P. Hupman, Jr.		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 (PH).

3.  The applicant states in effect, that he was wounded by shrapnel in his back and arm while on patrol. 

4.  The applicant’s military records show that he was inducted into the Army of the United States on 9 March 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B10 (Light Weapons Infantryman).

5.  On or about 14 July 1967, the applicant departed for assignment in the Republic of Vietnam (RVN).  He was assigned to the Company C, 1st Battalion, 8th Infantry, 4th Infantry Division as a rifleman.  On 27 December 1967, the applicant was honorably discharged and immediately reenlisted on 28 December 1967 for 3 years.

6.  On or about 3 January 1968, the applicant was assigned to the Transportation Company Special Troops as a light vehicle driver, while stationed in Vietnam.  On 4 February 1968, the applicant’s MOS was changed to 64A20 (chauffeur).

7.  On 5 August 1968, the applicant departed the RVN for an assignment to Germany.  On 18 December 1970, the applicant was released from active duty and transferred to the U. S. Army Reserve.  The highest pay grade he achieved was pay grade E-5.  

8.  The applicant’s Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows as authorized awards the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, one Overseas Service Bar, the Marksman Qualification Badge (M-14 and M-16), and the Expert Qualification Badge (M-60). His DD Form 214 does not show the PH as an authorized award. 

9.  There are no orders in the applicant’s service personnel record, which show that he was awarded the PH.  There also is no evidence in his record that show he was wounded or was treated for a wound as a result of hostile action.

10.  The applicant’s name does not appear on the Vietnam Casualty Roster.  His medical records are not available for review.  The applicant’s Enlisted Qualification Record (DA Form 20) does not show an entry in item 40 (Wounds).

11.  The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Company C, 1st Battalion, 8th Infantry, 
4th Infantry Division was awarded the Presidential Unit Citation from 29 October
through 30 November 1967 on Department of the Army General Orders (DAGO)
38, 1971, the RVN Gallantry Cross with Palm Unit Citation from October 1966 through 28 July 1969, on DAGO 3, 1970, and the RVN Civil Actions Honor Medal, First Class, Unit Citation from 1 October 1966 through 31 October 1969, on DAGO 53, 1970.

12.  The applicant’s record shows that he served in the RVN from 13 August 
1967 through 5 August 1968 serving through four campaigns – the Vietnam
Counteroffensive, Phase III from 1 June 1967 through 29 January 1968, the Tet
Counteroffensive from 30 January 1968 through 1 April 1968, the Vietnam Counteroffensive, Phase IV from 2 April 1968 through 30 June 1968, and the Vietnam Counteroffensive, Phase V from 1 July 1968 through 1 November 1968.

13.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  The evidence of record also shows that the applicant participated in four campaigns during his tenure in the RVN.  His participation in four campaigns entitled him to the award of four bronze service stars.  However, the awards of the four bronze service stars are not reflected on his DD Form 214.

14.  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 of official record.

CONCLUSIONS:

1.  There is no evidence of record, nor has the applicant provided any evidence, which shows that he was wounded or treated for a wound as a result of hostile action.  Therefore, without official substantiating documented evidence the Board is reluctant to award the applicant the PH.  However, if the applicant can provide substantiating evidence that shows he was wounded/treated as a result of hostile action he may reapply. 

2.  The evidence of record shows that the applicant was assigned to a unit during a period of time that the unit was awarded the Presidential Unit Citation, the RVN
Gallantry Cross with Palm, and the RVN Civil Actions Honor Medal, First Class, Unit Citation.  The evidence of record also shows that the applicant served in the RVN during four campaigns, entitling him to wear four bronze service stars with the Vietnam Service Medal.  Therefore, it would be appropriate to amend his DD Form 214 to show these awards.

3.  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 amending the applicant’s DD Form 214 to show the Presidential Unit Citation, the RVN Gallantry Cross with Palm, the RVN Civil Actions Honor, First Class, Unit Citation, and the Vietnam Service Medal with four bronze service stars.

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

BOARD VOTE:  

__AAO__  __KWL__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2002070531	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/24	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	PARTIAL RELIEF	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.