PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 June 2003       
	DOCKET NUMBER:   AR2003083502

	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:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Eloise C. Prendergast 		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 wounded in Vietnam.  He contends that he was hit with shrapnel in his right shoulder and never awarded the Purple Heart for this wound.  In support of his application, he submits a statement, dated 
26 November 2002, from a fellow soldier at the time in question.

4.  The applicant’s military records show that he was inducted on 28 June 1967.  He served as a gunner in Vietnam from 9 December 1967 through 26 January 1969 and was released from active duty on 29 January 1969.

5.  The applicant's DD Form 214, 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.  The applicant's 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.

8.  The applicant's name does not appear on the Vietnam Casualty Roster.

9.  Evidence of record shows that on 29 January 1969 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

10.  The applicant provided a statement, dated 26 November 2002, from a fellow soldier at the time in question.  The soldier attests that he was with the applicant after he was released from the hospital in Vietnam.  He states that the applicant was in the hospital due to injuries to his left eye and right shoulder and that the applicant was injured at "Rockpile the Artillery Battery near the DMZ, Quang Tri Providence." 

11.  The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in five campaigns during his assignment in Vietnam.

12.  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 59, dated 1969.  This award is not shown on his DD Form 214.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) 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 42, dated 1972.  This award is not shown on his DD Form 214.

14.  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.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  The regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1.  The Board considered the applicant's contention that he was hit with shrapnel in his right shoulder.

2.  There is no evidence in the applicant's service personnel records which shows that he was wounded or injured as a result of hostile action in Vietnam.

3.  The Board noted the statement provided in support of the applicant's claim for award of the Purple Heart.  However, this statement fails to show that the applicant was wounded as a result of hostile action in Vietnam.

4.  The preponderance of evidence in this case shows the applicant was not wounded 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.

5.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in five campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one silver service star and correction of his DD Form 214 to show these awards.   
     
6.  The applicant's unit received 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 to show these unit awards. 

7.  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 that the individual concerned was awarded the Vietnam Service Medal with one silver service star, 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 pertains to award of the Purple Heart be denied.

BOARD VOTE:  

RVO___  JPI_____  ECP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O'Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2003083502	
SUFFIX		
RECON		
DATE BOARDED	20030612	
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.