PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 November 2002                   
	DOCKET NUMBER:   AR2002070751

	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. John N. Slone		Chairperson	
	Ms. Sherri V. Ward 		Member	
	Mr. Melvin H. Meyer		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 sustained shrapnel wounds from a grenade thrown by a “sapper” in Vietnam during 11-15 January 1973.  He also contends that he was electrocuted in Vietnam wherein he received blood poisoning and that he was injured in a blast in a Vietnamese bar.  

4.  The applicant’s military records show that he enlisted on 12 August 1968 for a period of 3 years.  He served as a general vehicle repairman and was honorably discharged on 11 April 1969 for immediate reenlistment.  He reenlisted on 
12 April 1969 for a period of 4 years.  He served as an automated data processing system repairman in Vietnam from 18 January 1972 through 
5 January 1973 and was honorably released from active duty on 6 January 1973.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) with an effective date of 6 January 1973, 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.

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

8.  The historical files of the U.S. Army Strategic Communications Command, the Signal Support Agency Saigon, the 6th Signal Battalion, and the 39th Signal Battalion located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Purple Heart.

9.  There are no medical records in the available records.

10.  The applicant’s DD Form 214 with an effective date of 6 January 1973 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in two campaigns during his assignment in Vietnam.      

11.  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 award is not shown on his discharge document.

12.  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.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  The Board considered the applicant’s contention that he sustained shrapnel wounds from a grenade thrown by a “sapper” in Vietnam.  However, there is no evidence of record to support this contention.

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 sustained as a result of hostile action in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.   

4.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 6 January 1973 to show this unit citation.

5.  In view of the foregoing findings 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 Vietnam Service Medal with two bronze service stars and the 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:  

JNS____  SVW___  MHM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR2002070751	
SUFFIX		
RECON		
DATE BOARDED	20021119	
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.