PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 September 2002
	DOCKET NUMBER:   AR2002072579

	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. Joseph A. Adriance		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, in effect, that he was wounded in action in the Republic of Vietnam (RVN) in 1968, and he never received his PH.  He claims that bullets creased his skull and he was taken to a hospital in D’Naing, RVN for treatment. 

4.  The applicant’s military records show that he was inducted into the Army of the United States for two years on 28 July 1966.  He successfully completed basic and advanced individual training (AIT) at Fort Jackson, South Carolina, and was awarded military occupational specialty (MOS) 11B (Infantryman).  

5.  The applicant was assigned to the RVN and arrived there for duty on 2 July 1967.  On 9 July 1967, he was further assigned to Troop F, 17th Cavalry Regiment, 196th Light Infantry Brigade, RVN, to perform duties in MOS 11D as a scout driver.  

6.  The applicant’s Enlisted Qualification Record (DA Form 20) shows in 
Item 40 (Wounds) that he was wounded in action in the RVN on 13 March 1968, when he received a fragment wound to the head.  In addition, the Department of the Army (DA) Vietnam War Casualty Listing includes the applicant’s name, and confirms that he was treated for a wound he received in action on 13 March 1968, while serving in the RVN.    

7.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that during his active duty tenure he earned the following awards:  National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Vietnam Campaign Medal (VCM) with 60 Device; Combat Infantryman Badge (CIB); and the Good Conduct Medal (GCMDL) 1st Award.  The PH is not included in this list of awards.

8.  On 1 July 1968, the applicant was honorably released from this period of active duty service after completing 1 year, 11 months, and 4 days of active military service.  The separation document issued to the applicant on the date of his separation lists the following awards in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):  NDSM; GCMDL; CIB; VSM; VCM; and two Overseas Bars.  The 
PH is not included in this list of authorized awards.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Paragraph 2-8 contains guidance on awarding the Purple Heart.  It states, in pertinent part, that the PH is authorized to members who are wounded in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained in action.  The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.  

10.  Paragraph 2-13 contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign in which a member participated.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that the applicant’s unit, Troop F, 
17th Cavalry Regiment, earned the Republic of Vietnam Gallantry Cross w/Palm Unit Citation during his assignment tenure.  It also verifies that the applicant participated in the following three campaigns while serving in the RVN:  Vietnam Counteroffensive, Phase III, TET Counteroffensive;  and Vietnam Counteroffensive, Phase IV.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to the PH, and it finds this claim has merit.  By regulation, in order to award the PH it is necessary to establish that a soldier was wounded in action, that the wound required treatment by a medical officer, and that the record of medical treatment must have been made a matter of official record.

2.  The evidence of record includes an entry in the applicant’s DA Form 20 that shows that he was wounded in action on 13 March 1968 while serving in the RVN.  The applicant’s name is included in the DA Vietnam War Casualty Listing, which provides the necessary official record confirmation that he was treated for this wound.  In the opinion of the Board, this satisfies the regulatory burden of proof necessary to support award of the PH.  Therefore, it concludes that it would be appropriate to award the applicant the PH at this time.  

3.  In addition, the evidence also confirms that the applicant is entitled to the Republic of Vietnam Gallantry Cross w/Palm Unit Citation and to three bronze service stars for his Vietnam Service Medal based on his service in the RVN.  Therefore, the Board also finds that it would be appropriate to add these awards to his records at this time. 
4.  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 awarding the individual concerned the Purple Heart for being wounded in action on 13 March 1968, while serving as specialist four in the RVN; by showing he is entitled to the Republic of Vietnam Gallantry Cross w/Palm Unit Citation and to three bronze service stars for his Vietnam Service Medal; and by providing him a corrected separation documents that reflects these changes. 

BOARD VOTE:  

__JHL__  __MDM__  ___REB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___JoAnn H. Langston   _
		        CHAIRPERSON

INDEX

CASE ID	AR2002072579	
SUFFIX		
RECON		
DATE BOARDED	2002/09/19	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1968/07/01	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.  46	107.0000	
3.		
4.		
5.		
6.