PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            19 June 2003                   
	DOCKET NUMBER:    AR2003085227

	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. John N. Slone 		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. William D. Powers 		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), and that all his earned awards be added to his 23 October 1968 separation document (DD Form 214).   

3.  The applicant states, in effect, that his 28 October 1968 DD Form 214 is in error because all his awards and specifically the PH were not included.  

4.  The applicant’s military records show that on 9 November 1966, he was inducted into the Army for two years.  He was trained and served in military occupational specialty (MOS) 11B (Infantryman).

5.  The applicant’s Enlisted Qualification Record (DA Form 20), confirms that he served in the Republic of Vietnam (RVN) with the 516th Infantry Regiment, 
9th Infantry Division, performing duties in MOS 11B, from 28 April 1967 through 29 November 1967.  Item 40 (Wounds) contains the entry “Fragment wounds left elbow, foot, & both legs 12 Oct 67”, which indicates he was wounded in action in the RVN on 12 October 1967.  

6.  The record of assignments contained in the applicant’s DA Form 20 also show that he was hospitalized in the RVN.  On 30 November 1967, he was medically evacuated to Walter Reed Army Medical Center (WRAMC), Washington, D.C.  He remained a patient at WRAMC until being reassigned to Fort Dix, New Jersey on 17 April 1968.  

7.  On 23 October 1968, the applicant was honorably discharged for the purpose of immediate reenlistment.  The DD Form 214 issued to him on this date indicates that he completed 1 year, 11 months, and 6 days of active military service, and that he held the rank of corporal.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards earned by the applicant during this period of active duty:  Vietnam Service Medal; National Defense Service Medal; and Combat Infantryman Badge.  The PH was not included in this list of awards.  

8.  The applicant continued to serve until 20 May 1971, at which time he received an undesirable discharge under the provisions of chapter 10, Army Regulation 635-200.  The DD Form 214 issued to him on this date contains the entry “None” in Item 24.  This document shows that he completed 1 year, 11 months, and 
1 day of active military service on this enlistment, and that he accrued a total of 233 days of time lost due to absent without leave (AWOL) and in conferment.  

9.  On 21 November 1984, the Army Discharge Review Board(ADRB) upgraded the applicant’s 20 May 1971 UD to a general, under honorable conditions discharge (GD).  The summary of the hearing (OSA Form 172) conducted by the ADRB confirms that the applicant was wounded in action while serving in the RVN on 12 October 1968, and that as a result he was medically evacuated from the RVN.  

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

11.  Paragraph 2-13 contain guidance on award of the VSM and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in the following three campaigns:  Vietnam Counteroffensive, Phase II; Vietnam Counteroffensive, Phase III; and TET Counteroffensive.

12.  Paragraph 9-19 of the awards regulation contains guidance on award of the Republic of Vietnam Campaign Medal.  It states, in pertinent part, that it is awarded to members who served in the RVN for 6 months between 1 March 1961 to 28 March 1973.  Department of the Army General Orders (DAGO) 8, 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in Vietnam between 8 February 1962 and 28 March 1973. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he is entitled to the PH, and it finds this claim has merit.  By regulation, to support the award of the PH, there must be evidence showing that a member was wounded or injured as a result of enemy action.  The wound or injury for which the PH is being awarded must have required treatment by a medical officer, and the record of this treatment must have been made a matter of official record.  

2.  The evidence of record includes an entry in Item 40 (Wounds) of the applicant’s DA Form 20 that confirms he received fragmentation wounds to the left elbow and both legs, while serving in the RVN.  This entry is corroborated by the fact the applicant was medically evacuated from the RVN and by the members of the ADRB at the time they conducted a hearing on the applicant’s case in 1984.  

3.  The Board notes that there is a conflict in the year listed in the date entered in Item 40 of the DA Form 20 and the year corroborated by the applicant’s medical evacuation and the ADRB hearing.  However, it finds that the record contains sufficiently credible evidence to support the applicant’s claim of entitlement to the PH.  The Item 40 (Wounds) DA Form 20 entry confirms he was wounded in action in the RVN.  His record of assignments verifies that he was medically evacuated from the RVN as a result, and these facts were corroborated in an ADRB hearing in 1984.  

4.  During its review of this case, the Board also discovered that based on his service and campaign participation in the RVN, the applicant is entitled to the Republic of Vietnam Campaign Medal with 60 Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 3 bronze service stars with his VSM. Thus, the Board concludes that it would also be appropriate to add these awards to his record at this time. 

5.  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 awarding the applicant the Purple Heart, for being wounded in action in the RVN;  by showing he is entitled to the Republic of Vietnam Campaign Medal with 60 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 
3 bronze service stars with his Vietnam Service Medal; and by providing him a corrected separation document that includes these awards.  

BOARD VOTE:  

__JS___  __WDP__  __LEM  _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone
	                                              CHAIRPERSON

INDEX

CASE ID	AR2003085227	
SUFFIX		
RECON		
DATE BOARDED	2003/06/19	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1971/05/20	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	In Lieu of CM	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.  46	107.0000	
3.		
4.		
5.		
6.