PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           19 September 2002                   
	DOCKET NUMBER:   AR2002072172

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. Ronald E. Blakely		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, in effect, that he be awarded the Purple Heart (PH).

3.  The applicant states he was wounded by shrapnel while in combat in Vietnam.

4.  In support of his request the applicant submits a Department of Veterans Affairs rating decision awarding him service connection for shrapnel wound scars to his left elbow.

5.  The applicant’s military records show that he was inducted and entered on active duty on 12 June 1968.  He was awarded the military occupational specialty of light weapons infantryman and was promoted to pay grade E-5.  He served in Vietnam from 16 November 1968 to 14 January 1970.

6.  On 21 June 1969, a telegram was sent to the applicant’s parents informing them that the applicant had been slightly wounded in action in Vietnam on 4 June 1969 by a fragment while at a forward observation position when the area came under mortar attack by a hostile force.  He received a wound to his left arm.  The applicant’s Enlisted Qualification Record, item 40, Wounds, had “Frag wound left arm” entered.

7.  The applicant was honorably released from active duty on 14 January 1970 due to his having insufficient time left on his induction to be reassigned upon his return from Vietnam.  His separation document shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Army Commendation Medal, and marksmenship qualification badges.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

9.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit was awarded the Vietnam Gallentry Cross with Palm Unit Citation.

10.  The same publication also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant’s service in Vietnam he is entitled to the Counteroffensive, Phase VI, starting on 2 November 1968; Tet 69 Counteroffensive, starting on 23 February 1969; and Vietnam Summer-Fall 1969, starting on 9 June 1969. 

CONCLUSIONS:

1.  Based on the official telegram sent to the applicant’s parents advising of his wounding in Vietnam, it is evident that the applicant is entitled to the PH.

2.  The record also shows that he is entitled to three bronze service stars for his Vietnam Campaign Medal, and the Vietnam Gallentry Cross with Palm Unit Citation.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

	a.  showing that the individual concerned was awarded the PH for wounds  incurred in Vietnam; 

	b.  showing that he was awarded three bronze service stars for wear on his Vietnam Campaign Medal; and

	c.  showing that he was awarded the Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

___reb___  ____jhl__  ___mmd_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Joann H. Langston______
		        CHAIRPERSON

INDEX

CASE ID	AR2002072172	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020919	
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.	107.00	
2.		
3.		
4.		
5.		
6.