PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           6 August 2002                   
	DOCKET NUMBER:   AR2002072298

	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:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Paula Mokulis		Member	
	Mr. Donald P. Hupman		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 issued a DD Form 215, Correction of DD Form 214, awarding him the Purple Heart (PH).

3.  The applicant states that he needs a DD Form 215 adding the PH to his DD Form 214 in order to join the Purple Heart Association.

4.  The applicant’s military records show that he was inducted on 24 June 1965.  He was awarded the military occupational specialty (MOS) of supply clerk and was promoted to pay grade E-4.  He served in Vietnam as a light weapons infantryman (MOS 11B10) with Company A, 4th Battalion, 9th Infantry, 25th Infantry Division, from 30 January 1966 to 13 June 1966.  At that time his duty status changed to patient, a status he retained until 13 October 1966.

5.  He was honorably released from active duty on 25 April 1967.  The DD Form 214 he was issued shows that he was awarded the Vietnam Service Medal, the Good Conduct Medal, the Combat Infantryman Badge, and the National Defense Service Medal.

6.  The applicant had a separation physical examination on 21 March 1967.  In that examination it was noted that he had “Scar (r) lateral knee-16cm.  WHNS wound well healed.”

7.  The applicant’s DA Form 20, Enlisted Qualification Record, item 40, Wounds, contains the entry “Shrapnel wound in legs – 7 June 1966.”

8.  Army Regulation 600-8-22, Military Awards, 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.  The same regulation provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

10.  The awards regulation further provides, that the Republic of Vietnam Campaign Medal, a foreign award, was awarded to individuals who served in Vietnam for 6 months during the period 1 March 1961 to 28 March 1973, inclusive.

11.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  On 7 September 1984, the Reserve Component Personnel and Administration Center (RCPAC) authorized the award of the PH to the applicant.

CONCLUSIONS:

1.  It is evident from the applicant’s DA Form 20 and his separation physical examination that he was wounded in Vietnam on 7 June 1966.  

2.  While there is no record of his being treated for those wounds, and his medical records were not available for review, based on the fact that the wound was severe enough to be noted on both his DA Form 20 and his separation physical examination, it is reasonable to presume that he was treated for wounds.

3.  Further, since the applicant was awarded the Combat Infantryman Badge indicating that he served in active ground combat and his injury was classified as a wound on his DA Form 20, it is reasonable to presume that he was, in fact, wounded as a result of hostile action.  Therefore, it would be appropriate to award him the Purple Heart.

4.  In addition, the applicant is entitled to award of the Vietnam Campaign Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for his service in Vietnam.

5.  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 Purple Heart for wounds incurred in Vietnam on 7 June 1966; and

	b.  adding the Vietnam Campaign Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

BOARD VOTE:  

___lls___  ____pm__  ___dph__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Luther L. Santiful_________
		        CHAIRPERSON

INDEX

CASE ID	AR2002072298	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020806	
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.		
2.		
3.		
4.		
5.		
6.