PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           3 October 2002   
	DOCKET NUMBER:   AR2002073917

	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. Irene N. Wheelwright		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Charles Gainor		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, he would like to have his Purple Heart reflected on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

4.  The applicant’s military records show that he entered the Regular Army on 19 May 1968 and completed training as an indirect fire crewman.  He achieved the rank of private first class and was discharged on 24 November 1969.  His character of service was honorable.  He completed a total of 1 year, 6 months and 16 days of creditable active service.  His separation documents show no lost time, however, his record reflects that he received nonjudicial punishment on several occasions.

5.  He served in the Republic of Vietnam (RVN) from 22 November 1968 through 20 January 1969, assigned to Company A, 2nd Battalion, 47th Infantry, 9th Infantry Division.

6.  His DD Form 214 reflects that he was awarded the National Defense Service Medal and the Vietnam Service Medal.  The Purple Heart is not listed as an authorized award. 

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

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

9.  The applicant’s DA Form 20 (Enlisted Qualification Record), which he signed, item 38 (Record of Assignments), reflects that on 10 January 1969, he was a patient in a military hospital.  Also, item 40 (Wounds), reflects that he suffered "MFW" body on 31 December 1968.  Item 41 (Awards and Decorations) does not reflect the Purple Heart as an authorized award.  Awards listed in his records but not on his DD Form 214, are the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Mortar Bar.

10.  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.

11.  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.

12.  The same regulation provides that a bronze 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 one bronze service star for the Vietnam Counteroffensive Phase VI Campaign.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contribution of direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

14.  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 his unit was cited for the RVN Civil Actions Honor Medal-First Class for the period 19 December 1966 through 28 June 1969, by Department of the Army General Order 59, dated 1969.

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 31 December 1968, 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 award of the RVN Civil Actions Honor Medal-First Class, the RVN Campaign Medal with Device (1960), one bronze service star to be worn on his Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Mortar 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 RVN Civil Actions Honor Medal-First Class, the RVN Campaign Medal with Device (1960), one bronze service star to be worn on his Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Mortar Bar.

BOARD VOTE:  

____wtm_  _____inw  ____cg__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Irene N. Wheelwright_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002073917	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021003	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.