PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          16 October 2003     
	DOCKET NUMBER:  AR2003087421

	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. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Mae M. Bullock		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 lost his right eye in combat and he believes he is entitled to award of the Purple Heart.  In support of his application, he submits transfer orders, dated 3 June 1971; a copy of his DD Form 214 (Report of Transfer or Discharge); a Clinical Record Cover Sheet, dated 8 June 1971; a Clinical Record, dated 9 June 1971; Medical Board Proceedings, dated 16 June 1971; a Clinical Record Cover Sheet, dated 30 November 1971; and a letter, dated 26 February 2003, from the Military Order of the Purple Heart.

4.  The applicant’s military records show that he enlisted on 24 April 1970 for a period of 2 years.  He served as a lineman assigned to Headquarters and Headquarters Company, 3rd Battalion of the 187th Infantry in Vietnam from 
3 November 1970 until he was injured on 2 June 1971 and medically evacuated on 5 June 1971 for further medical treatment.  On 30 November 1971, the applicant was honorably discharged by reason of physical disability with severance pay.  

5.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Good Conduct Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6.  Medical evidence of record shows the applicant injured his right eye in Vietnam when he accidentally struck his head on an armor personnel carrier while under attack by hostile fire on 2 June 1971.

7.  A Line of Duty Determination, dated 28 October 1971, provided by the Chief, Casualty Division, states, in pertinent part, "Records of this office show that the injury incurred by above named on 2 June 1971 was the result of hostile action and, therefore, was in line of duty."

8.  The applicant's service personnel records show the applicant participated in one campaign during his assignment in Vietnam.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974.

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.  The regulation also states that commanders must take into consideration the circumstances surrounding an injury.

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 Board noted the medical evidence of record which shows the applicant injured his right eye in Vietnam when he accidentally struck his head on an armor personnel carrier while under attack by hostile fire on 2 June 1971.  The Board also noted the Line of Duty determination which stated that the applicant's injury was the result of hostile action.  Considering the circumstances surrounding the applicant's injury, the Board concluded that it is reasonable to presume that if the applicant had not been under attack by hostile fire on 2 June 1971 he would not have struck his head on an armor personnel carrier and injured his right eye.  Therefore, the Board determined that there was sufficient evidence on which to base award of the Purple Heart in this case. 

2.  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 these awards.   

3.  The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit citation. 

4.  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 awarding the applicant the Purple Heart for wounds received in action on 2 June 1971 in Vietnam. 

2.  That the applicant's DD Form 214 be corrected by showing he was awarded the Purple Heart, the Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

BOARD VOTE:  

AAO____  HOF____  MMB____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2003087421	
SUFFIX		
RECON		
DATE BOARDED	20031016	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.