PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 June 2003       
	DOCKET NUMBER:   AR2003084763

	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. Samuel A. Crumpler		Chairperson	
	Ms. Shirley Powell		Member	
	Mr. John T. Meixell		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 is entitled to award of the Purple Heart for injuries sustained to most of the joints in his body from hitting a land mine in Vietnam on 25 December 1971.  In support of his application, he submits an eyewitness statement from his Troop Commander and platoon leader at the time in question. 

4.  The applicant’s military records show that he enlisted on 20 February 1967 for a period of 3 years.  He served as a recovery specialist and was released from active duty on 7 February 1970.  He entered active duty again on 30 January 1971, served as a recovery specialist in Vietnam from 18 June 1971 through 
18 March 1972 and was discharged on 29 October 1973 for immediate reenlistment.  The applicant reenlisted on 30 October 1973, served as a recovery specialist and a wheel vehicle mechanic and was honorably discharged on 
29 October 1979. 

5.  The applicant's DD Form 214 (Report of Transfer or Discharge), which covers the period of 30 January 1971 through 29 October 1973, does not show the Purple Heart as an authorized award.

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

7.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show 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.  In support of his claim for award of the Purple Heart, the applicant submits an eyewitness statement, dated 26 June 2001, from the Troop Commander of 
E Troop, 2nd Squadron, 11th Armored Cavalry Regiment.  The Troop Commander attests that the applicant was assigned to his troop as a mechanic and that on Christmas day, 1971, the applicant was wounded when his recovery vehicle hit a large mine in Vietnam.  He also states that he remembers the incident well and that the applicant suffered wounds to his legs and neck; however, due to the manpower needs of the unit, the applicant was not evacuated.

10.  The applicant also submits an eyewitness statement, dated 13 March 2002, from his platoon leader at the time in question.  The platoon leader attests that on 25 December 1971 his platoon was conducting only defensive patrolling operations around their firebase because they were under a 24-hour Christmas truce.  He states that while conducting a mission to recover a disabled armored personnel carrier, the applicant's recovery vehicle ran over and detonated a large antitank mine.  He states that the applicant and the driver were almost blown off the vehicle and were severely battered, bruised and cut.  He also states that the applicant's recovery vehicle was totally destroyed, rendering it a combat loss and blowing off one tread and destroying the engine and engine compartment. 
  
11.  The applicant's DD Form 214 with an effective date of 29 October 1973 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in three campaigns during his assignment in Vietnam; however, this DD Form 214 does not show entitlement to three bronze service stars for this campaign participation.
    
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 21, dated 1969.  This award is not shown on his DD Form 214 with an effective date of 29 October 1973.

13.  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.

14.  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.

CONCLUSIONS:

1.  The Board finds the eyewitness statements provided by the applicant's Troop Commander and platoon leader at the time in question, sufficient as a basis for award of the Purple Heart.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 25 December 1971 in Vietnam and correction of his DD Form 214 with an effective date of 
29 October 1973 to show this award. 

2.  The applicant’s DD Form 214 with an effective date of 29 0ctober 1973 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three 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 three bronze service stars and correction of his DD Form 214 with an effective date of 29 October 1973 to show these awards.   

3.  The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm 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 29 October 1973 to show this unit citation.

4.  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 showing that the individual concerned was awarded the Purple Heart, the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation on his DD Form 214 with an effective date of 29 October 1973. 

BOARD VOTE:  

SAC____  SP_____  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2003084763	
SUFFIX		
RECON		
DATE BOARDED	20030610	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.