PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            31 July 2003
	DOCKET NUMBER:   AR2003087349

	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. Gerard W. Schwartz		Analyst	

  The following members, a quorum, were present:

	Ms. Gail J. Wire		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Robert Duecaster		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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

3.  The applicant states that he was never awarded a Purple Heart for an injury received under enemy fire, but was awarded a Bronze Star.

4.  The applicant’s military records show that he entered active duty on 4 February 1969 and reenlisted on 5 November 1970 for 6 years.  His record shows that he completed training in Military Occupation Specialty (MOS) Radio Teletype Operator.  He was assigned to the 504th Signal Detachment and attached to the 571st Military Intelligence Detachment, 525th Military Intelligence Group while stationed in Vietnam from 19 March 1972 through 23 February 1973.  The applicant continued to serve on active duty until he received a hardship discharge on 29 July 1975 with a characterization of service of honorable.

5.  The applicant’s records contain two DD Forms 214.  The DD Form 214 with an effective date of 29 July 1975 covers the applicant’s service in Vietnam.  This DD Form 214 does not show award of the Purple Heart in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds).  Item 41 (Awards and Decorations) does not reflect award of the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  The applicant provided a narrative description of his award of the Bronze Star for meritorious service.  This document has reference to an accident which states "On his last trip to the evacuation helicopter, SGT Navarro fell and pinched a nerve in his neck causing him to be medivcaced to the Philippines for a period of approximately 30 days."  There is no reference to a wound sustained as a result of hostile action.

8.  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.

9.  The applicants DA Form 20 (Enlisted Qualification Record) in item 41 (Awards and Decorations) shows the applicant received the Armed Forces Expeditionary Medal for service in Korea and 2 overseas bars.  These awards are not annotated on his DD Form 214.

10.  The Board noted that the applicant is eligible for unit awards not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was attached, the 571st Military Intelligence Detachment,  was cited for award of the Meritorious Unit Commendation for actions during the period 1 January 1971 to 12 February 1973 by Department of the Army General Orders Number 6, dated 1976.

CONCLUSIONS:

1.  The Board considered the applicant’s request for award of the Purple Heart and the documents which he submitted in support of his claim.  The Board also reviewed the available service personnel and medical records.

2.  The Board noted there is no evidence of record which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.

3.  The Board considered the applicant's submission of his narrative description of the Bronze Star for meritorious service.  However, the above referenced accident within the narrative description does not meet the qualifications for award of the Purple Heart and no other evidence indicated a wound sustained as a result of hostile action.

4.  In the absence of orders awarding the Purple Heart or military medical records showing the applicant was wounded as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

5.  Evidence of record shows the applicant received the Armed Forces Expeditionary Medal and 2 overseas bars.  Therefore, he is entitled to correction of his records to show these awards.

6.  General Orders show the applicant is entitled to award of the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show this unit award.

7.  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 the individual concerned was awarded the Armed Forces Expeditionary Medal, 2 overseas bars and Meritorious Unit Commendation.

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

BOARD VOTE:  

__GJW__  __KAH_ _  __RD___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________GJW_____________
		        CHAIRPERSON

INDEX

CASE ID	AR2003087349	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.