PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           20 August 2002                  
	DOCKET NUMBER:   AR2002072813

	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	
	M r. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Curtis L. Greenway		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 his military records be corrected to show he was awarded the Purple Heart.

3.  The applicant states, in effect, that he is entitled to the Purple Heart for an injury he received in 1967, while engaged in combat in the Republic of Vietnam (RVN).  He was evacuated to the 249th General Hospital in Japan and there Jane Russell presented him with the Purple Heart.  He was later evacuated to Madigan General Hospital at Fort Lewis, in Tacoma, Washington.

4.  The applicant’s counsel, the Disabled American Veterans, requests that relief be granted consistent with the evidence available.

5.  The applicant’s military records show that he served in the US Marine Corps from 6 January 1953 through 5 January 1956.  He entered the Regular Army on 27 January 1962, and completed training as an artilleryman.  He served until his retirement on 31 January 1979 in pay grade E-7.  He completed a total of 20 years, 0 months and 4 days of creditable active service.  His separation documents show no lost time.

6.  He served two tours in the RVN from 2 March 1967 through 1 June 1967, assigned to C Battery, 6th Battalion, 32d Artillery and again from 28 July 1971 through 8 March 1972, assigned to Headquarters and Headquarters Company, 101st Airborne Division.

7.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Good Conduct Medal Clasp with Bronze 5 Loops, the RVN Campaign Medal, the Bronze Star Medal, and the Marksman Badge with rifle bar.  The Purple Heart is not listed as an authorized award. 

8.  There are no orders in the applicant’s service personnel records, which show that he was awarded the Purple Heart.

9.  The applicant’s name is not listed on the Vietnam Casualty Roster as having been wounded in action.

10.  The applicant’s DA Form 20 (Enlisted Qualification Record), which he signed, item 38 (Record of Assignments), reflects that on 3 May 1967, he was a patient in a military hospital in Japan and on 2 June 1967, he was a patient in Madigan Army Hospital.  Also, item 40 (Wounds), reflects that he suffered palateral rupture of eardrums sensorineual due to a concussion on 24 April 1967.  Item 41 (Awards and Decorations) does not reflect the Purple Heart as an authorized award.  Awards listed in item 41, but not on his DD Form 214, are the Meritorious Unit Commendation (while assigned to the 6th Battalion, 32nd Artillery), by Department of the Army General Order 67, dated 1968, the RVN Gallantry Cross (which is probably the RVN Gallantry Cross with Palm Unit Citation), the RVN Campaign Medal with Device (1960), and the Expert Badge with rifle bar.

11.  Army Regulation 600-200 (Enlisted Personnel Management System) provides, in pertinent part, that Item 40 (Wounds) of the DA Form 20 will contain a brief description of wounds or injuries (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.

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.  The same regulation provides that a bonze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  In the applicant’s case, he is entitled to four bronze service stars for the RVN Counter Offensive Phase II and III, Consolidation I and Consolidation II Campaigns to be worn on his RVN Service Medal.

CONCLUSIONS:

1.  The evidence of record shows that the applicant is entitled to the Purple Heart by virtue of the wounds he suffered in Vietnam on 24 April 1967, as authenticated by his DA Form 20. He is therefore entitled to have the award shown on his DD Form 214.

2.  The record further shows that the applicant is entitled to the Meritorious Unit Commendation, the RVN Gallantry Cross with Palm Unit Citation, four bronze service stars to be worn on his Vietnam Service Medal, the RVN Campaign Medal with Device (1960), and the Expert Badge with rifle bar.

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 Purple Heart for wounds received in Vietnam on 24 April 1967; and

b.  showing he was awarded the Meritorious Unit Commendation while assigned to 6th Battalion, 32nd Artillery, 4 bronze service stars to his Vietnam Service Medal, the RVN Gallantry Cross with Palm Unit Citation, the RVN Campaign Medal with Device (1960), and the Expert Badge with rifle bar.

BOARD VOTE:  

___mmd_  _____rwa  __clt____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________Melinda M. Darby________
		        CHAIRPERSON

INDEX

CASE ID	AR2002072813	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020820	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.