PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 May 2000
	DOCKET NUMBER:   AR1999030115

	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.  

	Carl W.S. Chun		Director	
	Ms. Antoinette E Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Mr. John H. Kern		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 military records to show the award of the Purple Heart.

3.  The applicant states, in essence, that he was wounded and received treatment for his injuries on 1 August 1971, while in the Republic of Vietnam (RVN).  He states he should receive the Purple Heart.  In support of his request, he submits a photocopy of the Purple Heart Medal and a letter from a service member supporting the applicant’s claim that 3 soldiers were killed due to mortar fire. 

4.  The applicant’s military records show that he enlisted in the Regular Army on 
15 August 1969 for 3 years.  He completed basic training and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 67V20 (Crew Chief). 

5.  On 12 February 1970, he was reassigned to the RVN and arrived there on 
10 March 1970.  On 30 October 1970, he was reassigned into MOS 71P20 (Senior Flight Operations Coordinator).  In July 1971, he was reassigned to another aviation unit in the RVN.  While in the RVN he earned campaign credit for participation in four campaigns: the Vietnam Winter-Spring “70”; the DA Sanctuary Counteroffensive; the Vietnam Counteroffensive Phase VII; and the Consolidation I.

6.  On or about 21 March 1972, he returned to the United States for separation processing at Oakland, CA.  He received a separation physical on 27 March 1972, which indicated on his Standard Form 88 (Report of Medical Examination) no injuries, wounds or significant disease occurred during his active service time.  On 28 March 1972, the applicant was honorably discharged.  He had 2 years, 7 months and 15 days of creditable service and no lost time.  The highest pay grade he earned was E-5.

7.  The applicants DD Form 214 (Report of Transfer or Discharge), Item 
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that his awards were the Army Commendation Medal with 1 Oak Leaf Cluster, the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal and the RVN Campaign Medal with 60 Device and the Air Medal.  There are no orders in the applicant’s service personnel records, which show that he was awarded the Purple Heart.

8.  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.

9.  This regulation also states, in pertinent part, that a bronze service star is awarded for each campaign credit, or a silver service star for each five campaigns. These are attached to the appropriate United States campaign or service medal awarded for service in the particular combat area.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.

CONCLUSIONS:

1.  There is no evidence available to the Board which shows that the applicant was wounded or treated for wounds due to hostile action while assigned to the RVN or was even awarded the Purple Heart.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  The letter from the other soldier does not indicate that the applicant himself was wounded during the mortar attack.

3.  However, the applicant is entitled to the award of four bronze service stars to be worn on his Vietnam Service Medal for his service in four campaigns while stationed in the RVN. 

4.  Additionally, he is entitled to have his records corrected to show award of the RVN Gallantry Cross with Palm Unit Citation.

5.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by show that the individual concerned was awarded:

a.  four bronze service stars for wear on his Vietnam Service Medal; and 

b.  the RVN Gallantry Cross with Palm Unit Citation.

2.  That a DD Form 215 (Correction to DD Form 214) be issued to show these awards. 

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

BOARD VOTE:  

__rvo___  ___jhk___  __ewl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__RAYMOND V. O’CONNOR JR._
		        CHAIRPERSON

INDEX

CASE ID	AR1999030115	
SUFFIX		
RECON		
DATE BOARDED	20000503	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	.  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.