PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 August 2002 
	DOCKET NUMBER:   AR2002072496

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Lana E. McGlynn		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, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.

3.  The applicant states, in effect, that he was wounded during a firefight in September 1965 in Vietnam.  He contends that he sustained shrapnel in his neck from incoming rounds and mortars.  In support of his application, he submits a copy of his DD Form 214 which shows that he was wounded as a result of hostile action on 18 September 1965.  

4.  The applicant’s military records show that he was inducted on 20 February 1964.  He served as a light weapons infantryman in Vietnam from 8 July 1965 until he was hospitalized on 29 November 1965 at Tripler Army Hospital for evaluation of psychiatric problems resulting from combat exposure.  The applicant was honorably discharged on 31 October 1966 by reason of physical disability with entitlement to receive severance pay.    

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  However, item 27 (Wounds Received as a Result of Action with Enemy Forces) shows the entry, “Shrapnel Neck 18 Sep 65.”    

6.  There are no orders for the Purple Heart in the applicant’s service personnel records.  His name is not listed on the Vietnam Casualty Roster.

7.  Letters contained in the applicant’s service personnel records indicate that his service medical records were lost during his service in Vietnam.
  
8.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he served in Vietnam from 
8 July 1965 to 29 November 1965 and participated in one campaign (Vietnam Defense Campaign, 8 March 1965 to 24 December 1965).  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, Company B, 2nd Battalion of the 502nd Infantry, was cited for award of the Presidential Unit Citation for actions on 18 and 19 September 1965 by Department of the Army General Orders Number 20, dated 1967.  This award is not shown on his discharge document.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 29 July 1965 to 1 October 1966 by Department of the Army General Orders Number 1, dated 1969.  This award is not shown on his discharge document.

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.  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.

13.  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.

CONCLUSIONS:

1.  The Board considered the applicant’s request for award of the Purple Heart.  

2.  The Board noted that there are no orders awarding the Purple Heart to the applicant.

3.  The Board also noted that the applicant’s medical records were lost during his service in Vietnam.

4.  However, the Board also noted that the applicant’s DD Form 214 shows that he sustained shrapnel wounds to the neck on 18 September 1965 while he was assigned in Vietnam.

5.  Based on the foregoing, the Board determined that, in spite of the absence of orders and medical records, the entry in item 27 of the applicant’s DD Form 214 is sufficient as a basis to award the Purple Heart to the applicant and to amend his records to show award of the Purple Heart for wounds sustained in action in Vietnam on 18 September 1965.

6.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in one campaign during his assignment in Vietnam which is not correctly shown by award of one bronze 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 bronze service star and correction of his DD Form 214 to show these awards.   

7.  The applicant’s unit was cited for the Presidential Unit Citation, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

8.  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 showing that the individual concerned was awarded the Purple Heart for wounds received as a result of action with enemy forces on 18 September 1965, the Vietnam Service Medal with one bronze service star, the Presidential Unit Citation, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.     

BOARD VOTE:  

FNE____  TSK____  LEM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2002072496	
SUFFIX		
RECON		
DATE BOARDED	20020813	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.