PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 October 2003     
	DOCKET NUMBER:  AR2003086474

	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:

	Ms. Kathleen A. Newman 		Chairperson	
	Mr. Lester Echols		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, in effect, that his military records be corrected to show two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster). 

3.  The applicant states that he was awarded his first Purple Heart on approximately 5 June 1969 at a firebase in Vietnam for shrapnel wounds to his legs and buttocks from a mortar attack.  He contends that he was awarded his second Purple Heart on approximately 29 December 1969 at the Australian Base Camp for a shrapnel wound to his foot from a “clay-mor” mine.  He also contends that he was hospitalized for nine days after he injured his groin area in August 1969 during a search and destroy mission.  In support of his application, he submits a letter of explanation and an x-ray of a foot.    

4.  The applicant’s military records show that he was inducted on 7 May 1968.  He served as a cargo carrier driver assigned to C Battery, 2nd Battalion, 
35th Artillery in Vietnam from 20 January 1969 through 17 January 1970.  On 
20 January 1970, the applicant was released from active duty.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal as authorized awards.

6.  There is no evidence in the available records which shows that the applicant 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.  The applicant's name does not appear on the Vietnam Casualty Roster.

8.  There are no medical service records available.

9.  23d Artillery Group General Orders Number 174, dated 20 December 1969, show the applicant received the first award of the Good Conduct Medal for the period 7 May 1968 to 20 January 1970. 

10.  II Field Force Vietnam Artillery General Orders Number 130, dated 
13 January 1970, show the applicant received the Army Commendation Medal for meritorious service during the period February 1969 to January 1970 in Vietnam. 

11.  The applicant’s service personnel records show he participated in four campaigns during his assignment in Vietnam.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant’s unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

13.  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.

14.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

15.  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 considered the applicant’s contention that he was awarded two awards of the Purple Heart.  The Board also considered the x-ray provided in support of the applicant’s claim for award of the Purple Heart.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base any award of the Purple Heart in this case.   
2.  The applicant received the first award of the Good Conduct Medal and the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these medals. 

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 four campaigns during his assignment in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.   

4.  The applicant’s unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit citation. 

5.  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.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Good Conduct Medal, the Army Commendation Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  That so much of the application as pertains to any award of the Purple Heart be denied.

BOARD VOTE:  

KAN___  LE_____  JTM______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Kathleen A. Newman______
		        CHAIRPERSON

INDEX

CASE ID	AR2003086474	
SUFFIX		
RECON		
DATE BOARDED	20031002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.