PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 September 2002                  
	DOCKET NUMBER:   AR2002074095

	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. Wanda L. Waller 		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston 		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. Ronald E. Blakely		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, in effect, that he sustained injuries to both hands during combat in Vietnam.  He contends that during an engagement with the enemy, while loading shells in the 155 howitzer, his hands were crushed.  He states that he was transported to Chu Chi for treatment and that he remained in the hospital for two weeks.  He also contends that a commissioned officer wanted to recommend him for award of the Purple Heart; however, he declined.  In support of his application, he submits a letter of explanation, dated 22 May 2002; a copy of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 
27 March 1970; and copies of his service medical records.
 
4.  The applicant’s military records show that he enlisted on 29 February 1968 for a period of 3 years.  He was transferred to Vietnam on 3 October 1969 for duty as a field artillery crewman.  The applicant was honorably discharged on 
27 March 1970 for immediate reenlistment.  He reenlisted on 28 March 1970 for a period of 3 years.  The applicant returned from Vietnam on 2 October 1970.  On 7 October 1971, the applicant was discharged with a general discharge under the provisions of Army Regulation 635-212, for unsuitability.

5.  The applicant’s DD Form 214 with an effective date of 27 March 1970, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6.  There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

7.  His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

8.  Evidence of record shows that on 13 August 1971 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  This medical record also contains the entry, “Medical Records Screened” in item 71 (Notes (Continued) and Significant or Interval History).

9.  The applicant’s DD Form 214 with an effective date of 27 March 1970 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in four campaigns during his assignment in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973.  This award is not shown on his discharge document.

11.  Department of the Army Pamphlet 672-3 also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.  This award is not shown on his discharge document.

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.
 
CONCLUSIONS:

1.  The Board considered the applicant’s contention that he sustained injuries to both hands during combat in Vietnam.  However, there is no evidence of record to support this contention.  

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds sustained as a result of hostile action in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.  

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.   

4.  The applicant’s unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 27 March 1970 to show these unit awards.   

5.  In view of the foregoing findings and conclusions, it would be the 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 that the individual concerned was awarded the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on his DD Form 214 with an effective date of 
27 March 1970.

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

BOARD VOTE:  

JL_____  MMD____  REB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Joann Langston________
		        CHAIRPERSON

INDEX

CASE ID	AR2002074095	
SUFFIX		
RECON		
DATE BOARDED	20020919	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.