PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           29 October 2002        
	DOCKET NUMBER:  AR2002074136

	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. Karol A. Kennedy		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Lutz		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 and it should be entered on his separation document.

4.  The applicant’s military records show that he was inducted into the Army on 9 January 1964.  He completed training as an indirect fire crewman, achieved the rank of specialist, and served until he was transferred to the U.S. Army Reserve on 1 March 1966.  His character of service was honorable.  He had completed a total of 2 years, 1 month and 23 days of creditable active service.  His separation documents show no lost time.

5.  He served in Vietnam from approximately 12 June 1965 through 5 January 1966, and was assigned to Company B, 2nd Battalion, 16th Infantry, 1st Infantry Division.

6.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects that he was awarded the Vietnam Service Medal, the Good Conduct Medal, the Combat Infantryman Badge, the Marksman Badge (Pistol .45), the Expert Badge (M-79), the Sharpshooter Badge (Rifle M-14), and the Expert Badge (Rifle M-14).  The Purple Heart is not listed as an authorized award. 

7.  A DA Form 24 (Service Record), Section 8 (Wounds Received Through Enemy Action) reflects that the applicant suffered shrapnel wounds to the left leg on 21 December 1965.

8.  In the applicant's record is a casualty message, which reported that on 21 December 1965, in Vietnam, the applicant was wounded by fragments to his left leg from a land mine.  The injuries occurred while he was on a search and destroy operation.  The wound was the result of hostile action and he was treated at the 93rd Evacuation Hospital.

9.  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.

10.  The same regulation provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and from 11 September 2001 to a date to be determined.

11.  The same regulation provides for award of the Vietnam Campaign Medal with Device 1960.  The Government of Vietnam awarded this medal 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 contributed direct combat support to the Republic of Vietnam and 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 wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

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 two Bronze Service Stars to be worn on his Vietnam Service Medal for participation in the Vietnam Defense and Vietnam Counteroffensive Campaigns.

13.  Department of the Army Pamphlet 672-3 lists 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 Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 through 12 July 1965 per Department of the Army General Order, dated 1969 and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation for the period 12 October 1965 through 7 April 1970 per Department of the Army General Order dated 1970.

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 21 December 1965, as authenticated by an entry on his DA Form 24 and a casualty message from Department of the Army.  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 National Defense Service Medal, the Vietnam Campaign Medal with Device 1960, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and two Bronze Service Stars to be worn on his Vietnam Service Medal.

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 21 December 1965; and

b.  showing that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal with Device 1960, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and two Bronze Service Stars to be worn on his Vietnam Service Medal.

BOARD VOTE:  

___kak__  ____tap__  ___bje__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Karol A. Kennedy___________
		        CHAIRPERSON

INDEX

CASE ID	AR2002074136	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021029	
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.