PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                23 July 2002
	DOCKET NUMBER:       AR2002072643

	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. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Gail J. Wire		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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart.

3.  The applicant states that he sustained shrapnel wounds in the left knee, back, and legs on 17 August 1969.  In support of his application, he submits a copy of his DD Form 214; a statement from a former fellow soldier; a journal for the 19th Engineer Battalion; a DA Form 1594 (Daily Staff Journal or Duty Officer's Log); and a DA Form 2496-1 (Disposition Form).

4.  The applicant’s military records show that he initially served in the Army National Guard from July 1964 through February 1965.  After a break in service, he enlisted in the Regular Army on 10 July 1967 for a period of 2 years.  He continued to serve on active duty through a series of reenlistments and completed overseas assignments in Vietnam (30 May 1969 to 15 April 1970) and Germany (29 September 1979 to 9 May 1982).  The applicant was honorably discharged on 14 June 1983 in the rank of staff sergeant.

5.  The applicant's personnel records contain four DD Forms 214.  His DD Form 214, with a separation date of 14 June 1983, does not show the Purple Heart as an authorized award.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  The applicant provided a statement from a former fellow soldier which states that "[applicant's name] received shrapnel to his left knee, legs and back.  At the time, his wounds did not seem severe enough to have him leave his squad."

8.  The applicant also provided a copy of a journal which indicates that the applicant's unit, Company C, 19th Engineer Battalion, was ambushed on 17 August 1969.  This document further indicated that Company C had 12 wounded in action.

9.  A review of the applicant's personnel records revealed that he is entitled to the Vietnam Service Medal with three bronze service stars.

10.  The applicant's DD Form 214, with a separation date of 14 June 1983, shows entitlement to the Vietnam Service Medal.  His DA Form 2-1 (Personnel Qualification Record) shows the applicant received credit for participation in the Tet 69 Counteroffensive Campaign, the Vietnam Summer-Fall 1969 Campaign, and the Vietnam Winter-Spring 1970 Campaign.

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.  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.  There are no orders in the applicant's records which show he was awarded the Purple Heart.  The Board also noted that the applicant authenticated his discharge document which shows that he was not awarded the Purple Heart. 

2.  Notwithstanding the applicant's contention that he received shrapnel wounds in his left knee, back, and legs, there is no medical evidence available to the Board which shows that the applicant was wounded or treated for wounds due to hostile action.

3.  The Board considered the statement from the former fellow soldier and the operational reports in support of the applicant's claim for award of the Purple Heart.  However, absent any other corroborating evidence of record, the statement by the fellow soldier alone is not sufficient as the basis for award of the Purple Heart.  Furthermore, the operational reports do not indicate the applicant was among the casualties on 17 August 1969.

4.  Based on the foregoing, there is no basis for granting award of the Purple Heart in this case.

5.  The applicant’s DD Form 214, with a separation date of 14 June 1983, shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his records to show these awards.   

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

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

a.  by deleting the Vietnam Service Medal from item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the individual concerned DD Form 214, with a separation date of 14 June 1983; and

b.  by showing he was awarded the Vietnam Service Medal with three bronze service stars.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

JLP_____  HOF____  GJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Jennifer L. Prater____
		        CHAIRPERSON

INDEX

CASE ID	AR2002072643	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020723	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.