PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:            26 April 2000                  
	DOCKET NUMBER:   AR1999030498

	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.  

	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley 		Chairperson	
	Ms. Karol A. Kennedy 		Member	
	Mr. Curtis L. Greenway		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, correction of his records to show award of the Purple Heart.

3.  The applicant states, in effect, that he is entitled to the Purple Heart due to wounds that he received to his left elbow, back and heart while serving in the Republic of Vietnam (RVN).  He submits three pictures in support of his request.  The elbow is shown prior to being injured, it is shown wrapped in gauze, and it is shown with two scars after the gauze has been removed.

4.  The applicant’s military records show that on 27 October 1968, he enlisted in
the Regular Army for 3 years.  He served in military occupational specialty (MOS) 11B (Infantryman), MOS 64B, (Heavy Vehicle Driver) and MOS 64C (Motor Transport Operator).  He served in the RVN from 20 September 
1969-19 September 1970.  He was honorably discharged on 28 September 1971.

5.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in Item 24, the applicant was authorized award of the National Defense Service Medal, the Vietnam Service Medal, and the RVN Campaign Medal with Device 60, and a Sharp Shooter M14 Badge.  

6.  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.  Sustaining 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. 

7.  The applicant's DD Form 214 and other records do not show the Purple Heart as an authorized award.  Further, the available records do not show how, when or where in the RVN that he was wounded as a result of a hostile force.  Nor do they show where he was treated for the wound. 

8.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 
1961 the Meritorious Unit Commendation (MUC) was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the 512th Transportation Company was cited for award of the MUC for the period 23 October 1966-24 April 1971.

10.  Headquarters Department of the Army General Orders Number 39, dated 1970, awarded the applicant’s unit the MUC

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

CONCLUSIONS:

1.  Even though the applicant provided pictures of a wound that he contends 
he received as a result of hostile action, he did not provide any medical treatment records, copies of morning reports, or eye witness statements which would help substantiate his claim.  

2.  The pictures in the absence of corroborating evidence do not show the applicant was treated for a wound or an injury received in action against a hostile force.  Therefore, no basis for the award of the Purple Heart has been established.

3.  The applicant is entitled to have his records corrected to show award of the MUC and the RVN Gallantry Cross with Palm Unit Citation.

4.  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 showing that the individual concerned was awarded the MUC and the RVN Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

__sk____  __kak___  __clg ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Stanley Kelley______
		        CHAIRPERSON

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.