PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            01 JULY 2003                  
	DOCKET NUMBER:   AR2003084863

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen Y. Fletcher		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 the entry showing that he was awarded the Purple Heart is not on his DD Form 214 (Report of Transfer).  In a 14 August 1992 letter to the Army Personnel Command, he stated that he was assigned to the          8th Engineer Battalion in Vietnam.  He was wounded in the left ankle, his ear drums were ruptured, and he sustained small lacerations over his body, on or about 29 January 1970.  The dump truck he was operating was either hit by a rocket-propelled grenade or he passed over a mine.  He went to the field hospital at Quan Loi and then to the hospital at Long Binh.  He was then evacuated to Osaka, Japan.  After two weeks, he was transferred to a medical holding company at Fort Gordon, Georgia, and later reassigned to another medical holding company at Fort Hood, Texas.  He never received the Purple Heart.  He provides a copy of his DD Form 214 and a copy of a 22 September 1993         DA Form 1577 (Authorization for Issuance of Awards), which shows that the Army Reserve Personnel Center authorized the issuance of the Purple Heart to the applicant.   

4.  Other than the DD Form 214 and the DA Form 1577, the applicant’s active duty military records are not available.  His DD Form 214 shows that he entered on active duty on 10 October 1968, and served in Vietnam from 6 November 1969 to 2 February 1970.  The 8th Engineer Battalion was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions during the above-mentioned period.      

5.  The applicant was released from active duty on 28 August 1971 at Fort Dix, New Jersey, in the rank of specialist four.  His DD Form 214 shows award of the National Defense Service Medal, the Vietnam Service Medal, Vietnam Campaign Medal, and the Explosive Ordnance Disposal Badge.  It does not reflect award of the Purple Heart.

6.  The Vietnam Casualty Roster maintained by this agency shows that the applicant was wounded in action on 28 January 1970.     

CONCLUSIONS:

1.  The applicant was wounded in action.  He is entitled to award of the Purple Heart.

2.  Although there is no evidence concerning the unit's assignment while in Vietnam, there is no reason to doubt the applicant's statement that he was assigned to the 8th Engineer Battalion.  Therefore, the applicant's records should show award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
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 showing that the individual concerned was awarded the Purple Heart, the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

BOARD VOTE:  

__TSK __  __MHM__  __KYF__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Ted S. Kanamine____
		        CHAIRPERSON

INDEX

CASE ID	AR2003084863	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030701	
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.	107.00	
2.		
3.		
4.		
5.		
6.