PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            2 July 2002
	DOCKET NUMBER:   AR2002071257

	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. Jessie B. Strickland		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 that he be awarded the Purple Heart.

3.  The applicant states that he was injured and treated for a leg injury in 1967, while assigned to Vietnam and should have been awarded the Purple Heart for that injury.

4.  The applicant’s military records show that he was inducted in Buffalo, New York, on 11 October 1966.  He was transferred to Fort Hood, Texas, where he underwent his training and remained there until he was transferred to Vietnam on 26 September 1967.  He was assigned to Headquarters and Headquarters Detachment, 196th Light Infantry Brigade, for duty as a messenger in military occupational specialty (MOS) 36K20.  He was advanced to the pay grade of E-4 on 14 December 1967, and departed Vietnam on 18 September 1968, for Oakland Army Base, California. 

5.  On 21 September 1968, he was honorably released from active duty (REFRAD) as an early overseas returnee.  He had served 1 year, 11 months and 11 days of total active service and was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal (VCM), the Vietnam Service Medal (VSM), and the Army Good Conduct Medal (GCMDL).

6.  A review of the applicant’s records fails to show any evidence that the applicant was wounded/injured while in Vietnam or that he was treated for an injury or wound.  Additionally, a review of the Casualty File Listing maintained by the Total Army Personnel Command failed to show that he was ever reported as a casualty.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for service in Vietnam during the period the applicant was assigned.  It also shows that he participated in four campaigns during his assignment in Vietnam and is entitled to be awarded four bronze service stars for wear on his already awarded VSM.

CONCLUSIONS:

1.  There is no evidence in the available records to show that the applicant was wounded or injured in Vietnam during an action by enemy forces or that he was treated for such.  Accordingly, in the absence of evidence to the contrary, there appears to be no basis to award him a Purple Heart.

2.  However, the evidence of record does show that he is entitled to be awarded the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his already awarded VSM.  Therefore, the Board finds that it would be in the interest of justice to do so at this time.

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 awarding the individual concerned the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his already awarded VSM.

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

BOARD VOTE:  

__kak___  __ao____  ___rjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Karol A. Kennedy____
		        CHAIRPERSON

INDEX

CASE ID	AR2002071257	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  140	107.0094/RVNGC	
3.		
4.		
5.		
6.