PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          16 October 2003     
	DOCKET NUMBER:  AR2003089076

	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 correction of his military records to show award of the Purple Heart.

3.  The applicant states that in May 1969 during a ground attack a trip flare landed in a box of grenades.  He contends that he removed the burning flare and injured his left hand.  He also contends that he was treated for the injury and was told that he would receive a Purple Heart.  The applicant did not provide any evidence in support of his claim.

4.  The applicant’s military records show that he enlisted on 30 September 1968 for a period of 2 years.  He served as a light weapons infantryman assigned to 
Company D, 1st Battalion, 2nd Infantry, 1st Infantry Division and to Company A and Company D, 1st Battalion, 2nd Infantry, 1st Infantry Division in Vietnam from 2 March 1969 through 1 March 1970.  On 9 October 1970, the applicant was released from active duty. 

5.  The applicant's DD Form 214 shows the Vietnam Service Medal with three bronze service stars, the National Defense Service Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Air Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Vietnam Campaign Medal, and the Bronze Star Medal with "V" Device 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.  

8.  The applicant’s name does not appear on the Vietnam Casualty Roster.

9.  Evidence of record shows that in September 1970 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  

10.  There are no other service medical records available.   

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit (1st Battalion, 
2nd Infantry) is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 
2, dated 1971.

12.  Department of the Army Pamphlet 672-3 also shows the applicant's unit 
(1st Battalion, 2nd Infantry) 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 53, dated 1970.

13.  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 injured his hand in Vietnam in May 1969.  However, there is no evidence of record which shows that the applicant was wounded or treated for wounds 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 (1st Battalion, 2nd Infantry) received the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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. 

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 Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

AAO____  HOF____  MMB____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Arthur A. Omartian__
		        CHAIRPERSON

INDEX

CASE ID	AR2003089076	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031016	
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.