PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            19 December 2002
	DOCKET NUMBER:    AR2002071937

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Harry B. Oberg		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 correction of his military records to show that he was awarded the Purple Heart.  In addition, he requests that the social security number on his separation document be corrected.

3.  The applicant states that he would like his record to show that he was awarded the Purple Heart and that his correct social security number be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show that he entered the Regular Army on 2 September 1969 and completed training as a field artilleryman.  He served in Vietnam from 26 January 1970 through 1 April 1971, was assigned to the 1st Battalion, 77th Artillery and was transferred to the United States Army Reserve on 21 March 1972 upon his release from active duty.  His character of service was honorable and he had completed a total of 2 years, 6 months and 3 days of creditable active service.

5.  In support of his request, he submits a copy of a Purple Heart Certificate, which reflects that he was awarded the Purple Heart for wounds received in action.  The certificate was signed on 29 March 1971.  It does not indicate the date or place of his wounding.  Also submitted is a copy of his social security card bearing the applicant's name and a social security number that is completely different than the number reflected on his DD Form 214.

6.  His DD Form 214, signed by the applicant, reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 Bronze Service Stars, the Republic of Vietnam Campaign Medal, the Army Commendation Medal with 1st Oak Leaf Cluster, the Combat Infantryman Badge, the Air Medal, and the Marksman Marksmanship Qualification Badge (Rifle).  The Purple Heart is not listed as an authorized award.  

7.  The applicant is not listed on the Vietnam Casualty List.

8.  His DA Form 20 (Enlisted Qualification Record), signed by the applicant, reflects a social security number completely different than the number on the social security card submitted by the applicant.  Item 40 (Wounds) indicates that he suffered a gunshot wound to the left leg on 26 March 1971.

9.  On 15 January 1971, Headquarters, 1st Cavalry Division issued General Orders Number 945 awarding the applicant the Bronze Star Medal with V Device. The citation reflects that the applicant distinguished himself by exceptionally valorous action on 4 November 1970.  The award is not listed on his DD Form 214.

10.  Army Regulation 600-200 provides, in pertinent part, that Item 40 (Wounds) of the DA Form 20, will contain a brief description of wounds or injuries (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization

11.  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.

12.  Department of the Army Pamphlet 672-3 shows that the 1st Battalion, 77th Artillery was awarded the Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Orders 43, 1972; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May to February 1970, by Department of the Army General Orders 11, 1973; and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by Department of the Army General Orders 42, 1972.

CONCLUSIONS:

1.  The Purple Heart award certificate and his DA Form 20, item 40, establishes that the applicant was wounded in action in Vietnam on 26 March 1971.  Accordingly, he is entitled to correction of his records to show that he is entitled to the Purple Heart.

2.  General Orders show he was awarded the Bronze Star Medal with V Device that is not reflected on his DD Form 214.  Therefore, he is entitled to correction of his records to show this award.

3.  In reviewing his case, it was also noted that the unit to which the applicant was assigned was cited for award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

4.  The applicant signed his DD Form 214 and DA Form 20 to verify that the information was correct.  The social security number on these documents is so completely different than the number on the social security card submitted by the applicant it is not reasonable that he did not notice what he now claims is an error.  The applicant provided no explanation for this oversight and why his social security number is now so different.  Based on the lack of information available the Board declines to change the social security number in his records at this time.

5.  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 Purple Heart based on wounds received in action on 26 March 1971, the Bronze Star Medal with V Device, the Valorous Unit Award, 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:  

___hbo__  ___sk___  ___rvo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_______Raymond V. O'Connor, Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR2002071937	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021219	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.