PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            23 July 2002
	DOCKET NUMBER:   AR2002073615

	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. Hubert S. Shaw, Jr.		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 award of the Purple Heart.

3.  The applicant states that he was he was burned on his right side and feet by a gasoline explosion.  He contends that the gasoline exploded near Da Nang, Vietnam, when rocket propelled grenades were fired by the Viet Cong.  The applicant states that he was burned as a result of hostile action and was hospitalized for two months, but he never received his Purple Heart.  He further states that he was in a bunker firing his M-60 Machinegun at the enemy, via illumination rounds at 3:30 or 4:00 a.m. when fire hit his bunker and he was forced to jump into a rice paddy to extinguish the flames.   

4.  The applicant’s military records show that he was inducted on 5 March 1968 and completed training as an infantryman.  He served in Vietnam from 16 August 1968 through 12 August 1969 and was honorably separated from active duty on 11 March 1970.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  The applicant’s name is not listed on the Vietnam Casualty Roster.

7.  The Department of Veterans Affairs (DVA) provided copies of a portion of the applicant’s service medical records.  A DA Form 8-275-3 (Clinical Record Cover Sheet), dated 18 March 1969, shows the applicant sustained second degree burns to the chest, abdomen, and right arm with no nerve or artery damage.  The first medical record shows the entry:  “AI [accidental injury]:  PATIENT WAS INJURED BY BURNING GRASS, 18 MAR 69, 1235 HRS [hours], EXACT LOCATION UNKNOWN.”  Clinical Record Coversheets, dated 21 March 1969 and 26 March 1969 show that the applicant was accidentally injured while burning grass at 1235 hours on 18 March 1969.

8.  Review of the applicant’s records show that he is entitled to two awards of the Army Commendation Medal which are not shown on his records.  The Board also noted that the applicant’s discharge document does not show any unit awards.

9.  The applicant was awarded the Army Commendation Medal for meritorious service by 199th Infantry Brigade General Orders 1223, dated 12 August 1969.  He received the Army Commendation Medal (First Oak Leaf Cluster) for meritorious achievement by 199th Infantry Brigade General Orders Number 2028, dated 22 November 1969.  
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 that, at the time of the applicant’s assignment to the 4th Battalion, 12th Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 51, dated 1971.

11.  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 that, at the time of the applicant’s assignment to the 4th Battalion, 12th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 51, dated 1971.

12.  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.

CONCLUSIONS:

1.  There is no evidence which shows that the applicant was awarded the Purple Heart.  There is no evidence that shows he was wounded or treated for wounds as a result of hostile action.  

2.  Medical evidence of record shows that competent medical authority in Vietnam at the time in question determined the applicant was accidentally injured while burning grass at approximately noon (1235 hours) on 18 March 1968.  These official records contradict the applicant’s statement that he sustained burns at approximately 3:30 a.m. while firing at the enemy with an M-60 Machinegun.  

3.  Based on the foregoing, there is insufficient evidence upon which to base award of the Purple Heart, especially in view of the evidence of record which shows that the applicant was not wounded or injured as a result of hostile action. 

4.  Orders show the applicant is entitled to two awards of the Army Commendation Medal; therefore, he is entitled to correction of his records to show award of the Army Commendation Medal (First Oak Leaf Cluster). 

5.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign unit 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 by showing the individual concerned was awarded the Army Commendation Medal (First Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

__GJW__  __HOF__  __JLP___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ms. Jennifer L. Prater_
		        CHAIRPERSON

INDEX

CASE ID	AR2002073615	
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	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.