PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 July 2003                   
	DOCKET NUMBER:   AR2003086455

	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. John N. Slone		Chairperson	
	Mr. Thomas D. Howard		Member	
	Mr. Thomas Lanyi		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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart and the Army Commendation Medal.

3.  The applicant states that these awards were omitted from his DD Form 214.  In support of his application, he submits a copy of his DD Form 214; an award certificate for the Purple Heart for wounds received in action on 22 November 1967; a citation for award of the Army Commendation Medal for the period July 1967 to November 1967; a copy of Physical Evaluation Board Proceedings; a medical record, dated 8 January 1969; a Hospital Summary, dated 13 May 1969; a Report of Periodic Physical Examination, dated 29 June 1970; and a Veterans Universal Access Identification Card.  

4.  The applicant’s military records show that he was inducted on 22 September 1966.  He served as an armor crewman in Vietnam from 29 July 1967 until he was wounded in action on 22 November 1967 and transferred to the United States on 22 December 1967 for further medical treatment.  On 7 May 1968, the applicant was placed on the Temporary Disability Retired List (TDRL).   He was removed from the TDRL on 28 February 1971. 

5.  The applicant's DD Form 214 does not show the Purple Heart or the Army Commendation Medal as authorized awards.

6.  There are no orders for the Purple Heart in the applicant's service personnel records.  However, his service personnel records contain a Western Union Telegram, dated 23 November 1967, which shows he was wounded in action on 
22 November 1967 in Vietnam as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) also shows that he was wounded on 
22 November 1967 in item 40 (Wounds).   

7.  25th Infantry Division General Orders Number 294, dated 21 January 1968, show the applicant received the Army Commendation Medal for meritorious service during the period July 1967 to November 1967.

8.  The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in one campaign during his assignment in Vietnam.

9.  Department of the Army General Number Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

10.  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.

11.  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 applicant was wounded in action on 22 November 1967 in Vietnam.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show award of the Purple Heart 

2.  The applicant received the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this medal. 

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in one campaign during his assignment in Vietnam which is not correctly shown by award of one bronze service star for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show this award.   

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  This unit award should also be added to his DD Form 214.

5.  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 was awarded the Purple Heart for wounds received on 22 November 1967.

2.  That the applicant's DD Form 214 be corrected to show award of the Purple Heart, the Army Commendation Medal, the Vietnam Service Medal with one 

bronze service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

JNS____  TDH____  TL______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_John N. Slone________
		        CHAIRPERSON

INDEX

CASE ID	AR2003086455	
SUFFIX		
RECON		
DATE BOARDED	20030722	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0020	
3.		
4.		
5.		
6.