PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          23 October 2003     
	DOCKET NUMBER:  AR2003086803

	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. Joann Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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, in effect, that he was injured on 8 April 1969 in Vietnam while a passenger in a vehicle when the radiator blew up from sniper fire.  He contends that he sustained first and second degree burns to his body.  In support of his application, he submits an undated letter of explanation; Western Union Telegrams, dated 9 April 1969 and 11 April 1969; hospital and convalescent orders; and a letter, dated 11 March 2003, from a Member of Congress.  

4.  The applicant’s military records show that he was inducted on 22 September 1961.  He served as a field artillery crewman and was released from active duty on 5 September 1963 and transferred to the U.S. Army Reserve.  He enlisted on 19 November 1965 for a period of 3 years.  He served as an infantry indirect fire crewman assigned to Company B, 2nd Battalion, 14th Infantry of the 25th Infantry Division in Vietnam from 5 October 1968 through 21 April 1969 and Company C, 1st Battalion, 52nd Infantry of the 198th Brigade in Vietnam from 
6 August 1970 through 5 August 1971.  On 31 August 1985, the applicant retired in the rank of staff sergeant. 

5.  The applicant's DD Form 214 for the period ending 18 June 1973 shows the Vietnam Service Medal with one silver service star, the Vietnam Campaign Medal, the Armed Forces Expeditionary Medal (Korea), the Army Commendation Medal, the Air Medal, the Bronze Star Medal, the Combat Infantryman Badge and the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 name does not appear on the Vietnam Casualty Roster.

8.  DA Form 2173 (Statement of Medical Examination and Duty Status), dated 
8 April 1969, states that the applicant was injured while on a reconnaissance mission in Vietnam on 8 April 1969 when he was walking next to an Armored Personnel Carrier and the radiator exploded and sprayed hot water on him. 

9.  The applicant provided a Western Union Telegram, dated 9 April 1969, which shows he was injured in Vietnam on 8 April 1969 while a passenger in a military vehicle when the vehicle's radiator boiled over.  There is no evidence that his injury was the result of hostile action. 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit (Company B, 
2nd Battalion, 14th Infantry of the 25th Infantry Division) 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 51, dated 1971.

11.  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.

CONCLUSIONS:

1.  The Board considered the applicant's contention that he was injured on 8 April 1969 in Vietnam while a passenger in a vehicle when the radiator blew up from sniper fire.  However, DA Form 2173 states that the applicant was walking next to an Armored Personnel Carrier when the radiator exploded and sprayed hot water on him.  There is no evidence that the radiator exploded as a result of enemy fire or hostile action.  There is no evidence of record which shows the applicant was wounded or treated for any injuries as a result of hostile action in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

2.  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.

3.  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 that the applicant was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

JL_____  MKP_____  AAO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Joann Langston_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003086803	
SUFFIX		
RECON		
DATE BOARDED	20031023	
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.