PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          9 October 2003     
	DOCKET NUMBER:  AR2003088356

	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. Raymond V. O'Connor		Chairperson	
	Mr. Robert J. Osborn		Member	
	Ms. Eloise C. Prendergast		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, two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster). 

3.  The applicant states that he sustained two separate injuries while in Vietnam. He contends that a diesel pump fell on his left ankle which caused burns and required stitches.  He also contends that he was knocked off a pier, knocked unconscious and sustained head, back, neck and arm injuries.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge) and service medical records.

4.  The applicant’s military records show that he enlisted on 12 December 1968 for a period of 3 years.  He served as a transportation crewman assigned to Headquarters and Headquarters Company, 1st Transportation Battalion in Vietnam from 18 June 1970 until he was released from active duty on 17 July 1971.   

5.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Army Occupational Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar 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 DA Form 20 (Enlisted Qualification Record) does not show 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.  The applicant provided medical records which show that he cut his left ankle which required stitches on 2 July 1970 in Vietnam.  He also provided medical records which show that the fell off a dock on 16 June 1971 in Vietnam.  However, there is no evidence that these injuries were the result of hostile action in Vietnam.  

9.  1st Aviation Brigade General Orders Number 10153, dated 14 October 1970, show the applicant received the Army Commendation Medal for meritorious achievement during the period 2 June 1970 to 14 October 1970 in Vietnam.

10.  The applicant's service personnel records show that he participated in three campaigns during his assignment in Vietnam.

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 applicant's unit was cited for the Meritorious 
Unit Commendation for actions during the period 1 February 1970 to 31 July 1971 by Department of the Army General Orders Number 5, dated 1973.  

12.  Department of the Army Pamphlet 672-3 shows the applicant's unit 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
6, dated 1974.

13.  Department of the Army General Number Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  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 bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

15.  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.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

CONCLUSIONS:

1.  The Board considered the applicant's contention that he sustained two separate injuries while in Vietnam.  The Board also noted the medical records provided in support of the applicant's claim.  However, these medical records do 

not show that either injury was the result of hostile action in Vietnam.  There is no evidence of record which shows the applicant was wounded or treated for injuries sustained as a result of hostile action in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base any award of the Purple Heart in this case.

2.  The applicant received the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this medal. 

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.   

4.  The applicant's unit received the Meritorious Unit Commendation and 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 these unit awards. 

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  This unit award should also be added to his DD Form 214.

6.  Based on the applicant's service in Vietnam, he is entitled to award of the Vietnam Campaign Medal and correction of his DD Form 214 to show this medal. 

7.  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 Army Commendation Medal, the Vietnam Service Medal with three bronze service stars, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Campaign Medal.

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

BOARD VOTE:  

RVO____  RJO____  ECP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O'Connor
		        CHAIRPERSON

INDEX

CASE ID	AR2003088356	
SUFFIX		
RECON		
DATE BOARDED	20031009	
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.