PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                3 February 2000				DOCKET NUMBER:       AR1999029360

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ernest W. Lutz, Jr.		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 records to show award of the Purple Heart.

3.  The applicant states that he earned it.

4.  The applicant’s military records show that he was ordered to active duty from the Army Reserve on 13 May 1968.  He served in Vietnam from 2 November 1968 to 11 April 1969 (a period of 5 months) and he was reassigned to Korea effective 12 April 1969 as a result of wounds sustained in Vietnam.  The applicant was honorably discharged on 4 October 1969 and transferred to the Army Reserve to complete his service obligation.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.  

6.  The applicant provided an award certificate, signed by the commander of the 2d Surgical Hospital, which shows that the applicant was awarded the Purple Heart for wounds sustained as a result of hostile action on 23 January 1969.  The award certificate shows that the applicant was awarded the Purple Heart on 24 January 1969.  

7.  Medical documents, prepared by the Veterans Administration, are contained in the applicant’s service personnel records.  These documents show that the applicant sustained multiple fragment wounds to the body from a mortar round on 23 January 1969.

8.  Review of the applicant’s records shows that he was entitled to the Vietnam Campaign Medal with 1960 device which is not shown on his discharge document.

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 is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

11.  Army Regulation 600-8-22 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.

12.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

13.  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 and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

CONCLUSIONS:

1.  There are no orders in the applicant’s records which authorize him award of the Purple Heart.  However, the Board determined that sufficient evidence existed which shows that the applicant was wounded as a result of hostile action. Therefore, the Board has determined that the applicant is entitled to correction of his records to show award of the Purple Heart for wounds sustained in Vietnam on 23 January 1969.

2.  Records show the applicant was not awarded the Vietnam Campaign Medal.  However, evidence of record shows the applicant was reassigned from Vietnam as a result of wounds after only five months of service in Vietnam.  Therefore, he is entitled to award of the Vietnam Campaign Medal with 1960 device, without completing six months of qualifying service, because he was reassigned as a result of wounds sustained in combat.

3.  Evidence of record shows the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

	a.  by showing the individual concerned was awarded the Purple Heart for wounds sustained in Vietnam on 23 January 1969; and 

	b.  by showing he was awarded the Vietnam Campaign Medal with 1960 device, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation..

BOARD VOTE:  

MKP____  BJE_____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1999029360	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000202	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19691004	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	OVERSEAS RETURNEE	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.