PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 July 2002        
	DOCKET NUMBER:   AR2002070791

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Raymond J. Wagner		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 he sustained a shrapnel injury in October or November 1967 and received 14 stitches in the back of his head.  He contends that he never received a Purple Heart for this injury.

4.  The applicant’s military records show that he was inducted on 6 October 1966.  He served as a wheel vehicle mechanic in Vietnam from 7 April 1967 through 4 July 1968 and was honorably released on 7 July 1968.

5.  The applicant’s DD Form 214, 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 in Vietnam.

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 applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, his records show that he served in five campaigns during his assignment in Vietnam.  

9.  169th Engineer Battalion General Orders Number 16, dated 2 July 1968, show the applicant was awarded the first award of the Good Conduct Medal for the period 6 October 1966 to 5 October 1968.  This award is not shown on his discharge document.

10.  The applicant’s DD Form 214 shows one award of the Meritorious Unit Citation (correctly known as the Meritorious Unit Commendation).  However, Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) which lists the unit awards received by units serving in Vietnam shows the applicant’s unit was cited for award of the Meritorious Unit Commendation for actions during the period 1 May 1967 to 31 October 1967 by Department of the Army General Orders Number 66, dated 1968.  The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 1 November 1967 to 30 April 1968 by Department of the Army General Orders Number 43, dated 1969.  

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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 43, dated 1970.  This award is not shown on his discharge document.

13.  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.

14.  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.  This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.
    
CONCLUSIONS:

1.  The Board considered the applicant’s contention that he sustained a shrapnel injury in October or November 1967 and received 14 stitches in the back of his head.   However, 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.    

2.  The applicant signed his discharge document on 7 July 1968 attesting to the fact that he was not entitled to award of the Purple Heart.  Therefore, the Board determined that there was 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 five campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one silver service star and correction of his DD Form 214 to show these awards.   

4.  The applicant received the first award of the Good Conduct Medal; therefore, he is entitled to correction of his military records to show this award. 

5.  The applicant’s DD Form 214 shows one award of the Meritorious Unit Commendation.  However, evidence of record shows that his unit received two awards of the Meritorious Unit Commendation while he was assigned to it.  Therefore, the applicant is entitled to correction of his military records to show two awards of the Meritorious Unit Commendation.

6.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his military records to show these unit citations.  

7.  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 that the individual concerned was awarded the Vietnam Service Medal with one silver service star, the Good Conduct Medal, two awards of the Meritorious Unit Commendation, 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:  

KAK___  AAO_____  RJW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Karol A. Kennedy______
		        CHAIRPERSON

INDEX

CASE ID	AR2002070791	
SUFFIX		
RECON		
DATE BOARDED	20020702	
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.