PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           22 October 2002
	DOCKET NUMBER:   AR2002073616

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		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 military records to show award of the Purple Heart for injuries received in combat.

3.  The applicant states, during his tour in the Republic of Vietnam (RVN) from 1970 through 1971, he was injured by enemy action, treated for his injuries, 
but never awarded the Purple Heart.  He was attached to “CTRP 1/11 ACR” 
(C Troop 1ST Battalion 11th Armored Cavalry Regiment), then medically evacuated to a field hospital.  He has tried to locate his medical records from May 1970 to July 1970, and any other medical records during his tour of duty.  He states, prior to coming home, he had been transferred to “TRP 2/11 ACR”.  He further states, that he discovered his medical records in some old papers 
in a unmarked folder.  In support of his claim he submits a notarized copy of his DD Form 1380 (U.S. Field Medical Card) dated 1 June 1970, a letter of explanation and five pages of Health Care Forms.  

4.  The applicant’s military records show that he was released from active duty on 16 April 1971 and reenlisted in 1974.  He retired, as a sergeant first class, in 1992, due to length of service.  He served in military occupational specialty (MOS) 95B24 (Military Police).  

5.  The available records do not shows that the applicant was awarded the Purple Heart.  The medical information submitted by the applicant shows that he was injured while riding on a track, when hit by a tree.  The submitted DD Form 1380 (U.S. Field Medical Card), states that he was diagnosed and treated for a concussion, sustained during enemy action on 11 June 1970.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart 
is awarded for wounds 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.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.
8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) dated 29 January 1968, shows that the 
applicant was assigned to a unit, which was awarded the Valorous Unit 
Award by the Department of the Army General Orders Number 43, 1972, 
for the period 1 May- 29 June 1970.

CONCLUSIONS:

1.  The applicant's military record shows that on 11 June 1970, the applicant was injured and underwent medical treatment as a result of hostile action by the enemy.  Accordingly, the Board concludes that there is sufficient available evidence to substantiate award of the Purple Heart.  

2.  The applicant is also entitled to the Valorous Unit Award.  These awards should be added to his DD Form 214.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing on his DD Form 214, dated 31 March 1992, 
Item 13: the Purple Heart and the Valorous Unit Award. 

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

BOARD VOTE:  

__FNE __  __SLP ___  ___EJA__GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		      _Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2002073615
	
SUFFIX		
RECON		
DATE BOARDED	200210220	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	DASA	
ISSUES         1.	5	
2.		
3.		
4.		
5.		
6.