PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 September 2003
	DOCKET NUMBER:   AR2003087943

	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. Shirley Powell		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas A. Pagan		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 that he was wounded by shrapnel in Vietnam in June 1970.  He contends that he was treated by a medic in the field and was told the medic would put him in for a Purple Heart.

4.  The applicant’s military records show that he was inducted on 3 February 1969.  He served as a light weapons infantryman assigned to Company C, 2nd Battalion, 5th Cavalry of the 1st Cavalry Division in Vietnam from 3 July 1969 through 2 July 1970.  On 4 February 1971, the applicant was honorably released from active duty.

5.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Army Commendation Medal with "V" Device, the Air Medal, and the Bronze Star Medal as authorized awards.

6.  There is no evidence in the applicant’s service personnel records that he 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 reflect 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.  Evidence of record shows that on 15 January 1971 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as result of hostile action.

9.  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 applicant's unit was cited for award of the Valorous Unit Award for actions during the period 1 May to 29 June 1970 by Department of the Army General Orders Number 43, dated 1972.  
      
10.  Department of the Army Pamphlet 672-3 also 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 11, dated 1973.

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 wounded by shrapnel in Vietnam in June 1970.  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 sustained 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 Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant's DD Form 214 should be corrected to show these unit awards.

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 Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

SP____  WTM____  TAP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Shirley Powell_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003087943	
SUFFIX		
RECON		
DATE BOARDED	20030909	
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.