PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           10 April 2003 
	DOCKET NUMBER:   AR2003083797

	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	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Marla J. Troup		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, in effect, that his record be corrected to show that he earned the Purple Heart.  

3.  The applicant states, in effect, that he has a scar on his back from being blown into perimeter wire from an explosion of enemy artillery.  

4.  The applicant’s military records show that he initially entered the Army on 
21 October 1963, and that he continuously served on active duty until being honorably discharged on 7 March 1972.  He was trained and served in military occupational specialty 43E (Parachute Rigger) and Special Qualification Identifier (SQI) of P (Parachutist).  

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 5 December 1967 through 
3 December 1968, and was assigned to the following units of the 101st Airborne Division for the periods indicated:  101st Quartermaster Company, from 
7 December 1967 through 31 July 1968; and Company B, 426th Support and Services Battalion, from 1 August through 1 December 1968.  

6.  Item 40 (Wounds) of the applicant’s DA Form 20 is blank, which would indicate that he was never wounded or injured in action.  Item 41 (Awards and Decorations) shows that during his active duty tenure he earned the following awards:  Parachutist Badge; Good Conduct Medal (2nd Award); National Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal with 60 Device; Army Commendation Medal; and the Bronze Star Medal.  

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Orders Number 6142, dated 13 September 1968, issued by the 101st Airborne Division, which awarded the applicant the Army Commendation Medal for meritorious achievement from 5 December 1967 through 1 June 1968. However, there are no orders or documents on file that indicated that he was ever wounded in action or recommended for or awarded the Purple Heart while serving in the RVN.  Further, a review of the Department of the Army (DA) Vietnam Casualty Roster reveals that his name is not among those listed as RVN casualties.  

8.  On 7 March 1972, the applicant was honorably discharged from the Army after completing a total of 8 years, 4 months, and 17 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards earned by the applicant during his tenure on active duty:  Parachutist Badge; Good Conduct Medal (2nd Award); National Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal with 60 Device; Bronze Star Medal; and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.  The Purple Heart is not included in this list of awards.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Paragraph 2-8 contains guidance on awarding the Purple Heart.  It states, in pertinent part, that the PH is authorized to members who are wounded in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained in action.  The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.  

10.  Paragraph 2-13 contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign in which a member participated.  

11.  Department of the Army General Orders (DAGO) 8, 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in units assigned to Vietnam from 8 February 1962 through 28 March 1973. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to the Purple Heart.  However, the governing regulation requires evidence showing that a member was wounded or injured in action, that the wound or injury was treated by military medical personnel, and that the record of treatment was made a matter of official record in order to support awarding the Purple Heart.  The Board finds insufficient evidence to satisfy this regulatory burden of proof.  

2.  The applicant is advised that the veracity of his claim that he was wounded or injured in action is not in question.  The Board’s action to deny his request for the Purple Heart is based solely on the lack of evidence, in the interest of all those who served in the RVN and who faced similar circumstances.  

3.  During its review of this case, the Board did discover that an Army Commendation Medal awarded to the applicant was not included in his separation document, and that he was entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to a bronze service star with his Vietnam Service Medal.  Thus, the Board finds it would be appropriate to add these awards to his record at this time.  

4.  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 that the applicant earned the Army Commendation Medal; that he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to a bronze service star with his Vietnam Service Meal; and by providing him a corrected separation document that includes these awards.  

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

BOARD VOTE:  

___fe ___  ___mt___  ___le ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003083797	
SUFFIX		
RECON		
DATE BOARDED	2003/04/10	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1972/03/07	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PARTIAL 	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.  46	107.0000	
3.		
4.		
5.		
6.