PROCEEDINGS

	IN THE CASE OFR.

	BOARD DATE:             12 August 2003                  
	DOCKET NUMBER:     AR2003087225

	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. Ted S. Kanamine 		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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 is entitled to the PH based on being wounded in action while serving in the Republic of Vietnam (RVN).  In support of his application, he provides a copy of the Western Union Telegram that was sent to his father notifying him that the applicant was wounded in action.  

4.  The applicant’s military records show that he entered the Army on 10 July 1970, and he was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 6 December 1970 through 3 December 1971.  During his tour in the RVN, he served with D Company, 1st Battalion, 5th Cavalry Regiment, performing duties in MOS 11B as a light weapons infantryman.  

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Orders (GO) Number 5652, dated 26 March 1971, issued by Headquarters, 1st Cavalry Division (Airmobile).  These orders awarded the applicant the PH for wounds he received in action while serving as a private first class in the RVN on 15 March 1971.  The applicant’s name is also included in the Department of the Army Vietnam Casualty Roster, which confirms he was wounded in action on the date indicated in these orders.  

7.  On 29 March 1972, the applicant was administratively discharged under other than honorable conditions under the provisions of Army Regulation 635-212.  The separation document issued to the applicant at the time confirms that he completed a total of 1 year, 8 months, and 10 days of creditable active military service.  It also shows that he earned the following awards during his tenure on active duty:  National Defense Service Medal; Army Commendation Medal; Combat Infantryman Badge; Vietnam Service Medal; Republic of Vietnam Campaign Medal; and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

8.  On 19 April 1978, the Army Discharge Review Board upgraded the applicant’s discharge to fully honorable under uniform Department of Defense (DOD) standards under the provisions of the Special Discharge Review Program.  The DD Form 214 issued at this time listed the same earned awards that were contained in the applicant’s original DD Form 214. 

9.  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 in order to award a PH there must be evidence 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, this treatment must be supported by medical treatment records that were made a matter of official record.  

10.  Paragraph 2-13 of the awards regulation contains guidance on the Vietnam, Service Medal.  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.  

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that based on his tenure of assignment in the RVN, the applicant was credited with participating in the Vietnam Counteroffensive Phase VII and Consolidation I campaigns, and his unit earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation.   

CONCLUSIONS:

1.  The Board notes the applicant claim of entitlement to the PH, and it finds this claim has merit.  The evidence of record confirms that as a result of being wounded in action while serving in the RVN on 15 March 1971, the applicant was awarded the PH in GO Number 5652, dated 26 March 1971, issued by Headquarters, 1st Cavalry Division (Airmobile).  Thus, the Board finds it would appropriate to add this award to his record at this time.  

2.  During the review of this case, the Board also discovered that based on his campaign participation and unit service in the RVN, the applicant is entitled to 2 bronze service stars with his Vietnam Service Medal and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Thus, the Board concludes that it would also be appropriate to add these awards to his records at this time.  

3.  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 adding the earned Purple Heart of the individual concerned to his record; by showing he is entitled to 2 bronze service stars with his Vietnam Service Medal and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that includes these awards.  

BOARD VOTE:  

TK__  _WDP___  __FCJ   __       GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ted S. Kanamine
		 CHAIRPERSON

INDEX

CASE ID	AR2003087225	
SUFFIX		
RECON		
DATE BOARDED	2003/08DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1972/03/29	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	Unfitness	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.  46	107.0000	
3.		
4.		
5.		
6.