PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 May 2003                            
	DOCKET NUMBER:   AR2003084917

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler 		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Robert L. Duecaster		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 he be awarded the Purple Heart (PH). 

3.  The applicant states, in effect, that he was never awarded the PH for the wounds he received while serving in the Republic of Vietnam (RVN).  In support of his application, he submits a copy of his separation document (DD Form 214).

4.  The applicant’s military records show that he was inducted into the Army on 
6 May 1969, and that he was trained and served in military occupational specialty (MOS) 54D (Chemical Equipment Repairman).  On 5 May 1971, he was honorably released from active duty (REFRAD), in the rank of specialist four (SP4), by reason of expiration of term of service (ETS). 

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that the applicant served in the RVN from 21 October 1969 to 17 October 1970.  Item 40 (Wounds) is blank and contains no entry that indicates that he was ever wounded or injured in action.  His Military Personnel Records Jacket (MPRJ) also contains no orders or other documents showing that he was ever wounded or injured in action, or that he was recommended for or awarded the PH.  

6.  The DD Form 214, issued to and signed by the applicant on the date of his separation from the Army shows that during his active duty tenure he earned the following awards: National Defense Service Medal; Vietnam Service Medal with
2 bronze service stars; and RVN Campaign Medal with 60 Device;

7.  The applicant’s name does not appear on the official Department of the Army (DA) Vietnam Casualty Roster.  Further, the applicant’s Report of Medical Examination (SF Form 88), dated 2 February 1971, which documents his separation physical examination, is also void of any entry or indication that he ever sustained or was treated for a combat related wound or injury. 

8.  The applicant’s MPRJ does contain a copy of General Orders Number 
59, dated 22 March 1971, issued by Headquarters United States Army Infantry Center, Fort Benning, Georgia, that awarded the applicant the Army Good Conduct Medal (AGCM) for his honorable active duty service from 6 May 1969 through 5 May 1971. 

9.  Army Regulation 600-8-22 (Military Awards) prescribes the policy and procedures for the Army’s awards program.  It states, in pertinent part, that the PH 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 required medical treatment; and that this medical treatment was made a matter of official record.

10.  Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to receive the PH for wounds he received in action while serving in the RVN.  However, it finds insufficient evidence to support this claim.  By regulation, the PH is authorized for personnel who are wounded or injured as a result of hostile action.  In order to support awarding the PH, there must be evidence to show that the wound or injury for which the award was being made was treated by military medical personnel, and this treatment must have been made a matter of official record.  

2.  The evidence of record gives no indication that the applicant ever sustained or was treated for a wound he received in the RVN as a result of enemy action or otherwise, or that he was ever recommended for or awarded the PH.  Further, both the DA Vietnam Casualty Roster and the SF 88 documenting his separation physical examination make no reference to his ever being wounded or injured in action while serving in the RVN. 

3.  During its review of this case, the Board did discover that the applicant was awarded the AGCM for his exemplary behavior, efficiency and fidelity for the period 6 May 1969 to 5 May 1971.  In addition, he is entitled to the RVN Gallantry Cross with Palm Unit Citation based on his service in the RVN.  Therefore, the Board concludes that 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 individual concerned received the first award of the Army Good Conduct Medal, for his honorable active duty service from 6 May 1969 through 5 May 1971, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for his service in the Republic of Vietnam; 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:  

__MM__  __SAC__  __RLD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Samuel A. Crumpler_
		  CHAIRPERSON

INDEX

CASE ID	AR2003084917	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Partial Relief	
REVIEW AUTHORITY		
ISSUES         1. 61	107.0015	
2.		
3.		
4.		
5.		
6.