PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:          30 OCTOBER 2003                  
	DOCKET NUMBER:  AR2003088958

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Larry C. Bergquist		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 he was serving as a forward observer with the              1st Battalion, 7th Field Artillery and attached to Company C, 2nd Battalion,     16th Infantry, when the battalion was mortared by a Viet Cong regiment.  He sustained light facial injuries while trying to get to his bunker.  When he dove inside the bunker he was wiping blood from his face, nose, and hands.  His best friend was hit in the back and paralyzed from the waist down.  

4.  It has been over thirty years since that day and he had nearly forgotten about it until he found a photograph that someone had taken the morning after the attack.  Since his friend had been seriously wounded, and he had only sustained light wounds, he never thought about it; however, since finding the photograph, he feels that he is entitled to award of the Purple Heart.  The dates are accurate since he received the Army Commendation Medal with "V" device for a firefight involving his company on 6 April 1967.  The applicant provides a photograph with his request.  

5.  The applicant’s military records show that he enlisted in the Army for two years on 9 October 1964, completed basic and advanced training, and in February 1965 attended officer candidate school at Fort Sill, Oklahoma.  He was discharged on 2 August 1965 to accept a commission as an officer.  He was appointed a second lieutenant on 3 August 1965 with concurrent call to active duty.  

6.  In July 1966 the applicant was assigned to Headquarters and Headquarters Battery, 1st Infantry Division Artillery in Vietnam, and in September 1966 to Battery A, 1st Battalion, 7th Artillery. 

7.  On 2 December 1966 the applicant was awarded the Bronze Star Medal with "V" device for heroism in action on 21 November 1966.  On 15 July 1967 he was awarded the Air Medal for meritorious achievement, and on 19 July 1967, he was awarded the Bronze Star Medal for meritorious service for the period June 1966 to June 1967.  On 11 September 1967 the applicant was awarded the Army Commendation Medal with "V" device for heroism in action on 6 April 1967.  

8.  The applicant completed his tour in Vietnam and returned to the United States, where he was released from active duty on 30 June 1967.  The 1st Battalion, 7th Artillery was awarded the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions during the period the applicant was assigned to that organization.

9.  The applicant's DD Form 214 (Report of Transfer or Discharge) does not show award of the Purple Heart.  That form does not reflect award of the Army Commendation Medal with "V" device or award of the Air Medal.  That form also does not make clear that he received two awards of the Bronze Star Medal, one for heroism and one for meritorious service.  

10.  Army Regulation 600-8-22 provides 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.

11.  The applicant's name is not listed on the Vietnam Casualty Roster maintained at this agency.

CONCLUSIONS:

1.  The Board does not dispute the applicant's contention that he was wounded in action; nonetheless, there is no substantiating medical evidence to indicate that he was wounded, nor is there any independent corroborating evidence to attest to his wounds, e.g., witness statements.  There is insufficient evidence to grant his request for award of the Purple Heart.

2.  The applicant was awarded the Army Commendation Medal with "V" device and the Air Medal.  Those awards should be reflected on his DD Form 214.  

3.  The applicant is entitled to award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

4.  The applicant was awarded the Bronze Star Medal with "V" device and the Bronze Star Medal for meritorious service.  His DD Form 214 should clearly reflect both of these awards.

5.  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 that the individual concerned:

	a.  was awarded the Army Commendation Medal with "V" device, the Air Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	b.  was awarded the Bronze Star Medal with "V" device and the Bronze Star Medal for meritorious service. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__CLG __  __EWL__  __LCB __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Curtis L. Greenway_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003088958	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031030	
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.	107.00	
2.		
3.		
4.		
5.		
6.