PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            25 July 2000                  
	DOCKET NUMBER:   AR1999030499

	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. Antoinette E Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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 that he be awarded the Purple Heart for shrapnel wounds he received to his lower back, when he was wounded by a mortar round explosion while in combat operations in the vicinity of Tay Ninh, in the Republic of Vietnam (RVN), in 1968.

3.  The applicant states, in essence, that he was involved in a combat operation and after securing a rural village, he was struck in the lower back by shrapnel.  He further states that he was treated by medical personnel at a local field hospital in the RVN, where they “dug out” the shrapnel.  He states that he was then returned to duty.  He also feels that due to unforeseen circumstances, these facts were omitted from his medical records, as well as his DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge).  

4.  The applicant’s military records show that he was inducted into the Army of the United States on 13 June 1967.  He completed basic combat training and 
advanced individual training and was awarded military occupational specialty (MOS) 11C20 (Indirect Fire Infantryman Crewman).

5.  He was then assigned to the RVN on 10 November 1967. On 12 November 1968, he returned to the Continental United States and was assigned to Fort Polk, Louisiana, for duty as a Drill Sergeant.

6.  On 12 June 1969, he was honorably separated and transferred to the United States Army Reserves for completion of his 6-year service obligation.  He was
credited with 2 years of active service and had no lost time.  The highest pay grade he attained was pay grade E-4.

7.  The applicant’s DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) used at the time of separation, shows the award of the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Marksmanship Qualification Badge with Pistol Bar and Mortar Bar.  It does not show the award of the Purple Heart.  

8.  In connection with his application, he submits a copy of General Orders No. 7733, Headquarters, 25th Infantry Division dated 29 October 1968, for the award of the Bronze Star Medal for Heroism.  This award is not shown on his DA 20 or his DD Form 214.

9.  The applicant’s DA Form 20, item 40 (Wounds) shows that he did not receive any wounds, while serving in the RVN.  Further, there is no other evidence in his personnel records or in his medical records that he was wounded or treated for wounds due to hostile action while in the RVN.

10.  On 6 December 1999, a DA Form 1577 (Authorization for Issuance of Awards), was issued by the National Personnel Records Center (NARA), Military Personnel Records Branch, shows that he was entitled to the award of the Bronze Star Medal, the National Defense Service Medal, the Combat Infantryman Badge, and the Vietnam Service Medal with two bronze service stars, indicating participation in two named campaigns while he was in the RVN.  He also was awarded the Expert Rifle Badge M-14.  In addition, a DA Form 1577 (Part A) shows he also was entitled to the award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Campaign Medal w/60 Device.

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.  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 unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 
18 August to 20 September 1968 based on Department of the Army General Orders 82, dated 1969.

13.  This pamphlet further 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 48, dated 1971.

14.  Further, this pamphlet also shows that the applicant is entitled to award of the RVN Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, date 1971, as amended by Department of the Army General Orders Number 9, dated 1979.

CONCLUSIONS:

1.  The applicant’s DD Form 214 , which was authenticated in his own hand at the time of his separation from the service, does not show the Purple Heart as an authorized award.

2.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records  or with his application, except his statement, that he was wounded or treated for wounds as a result of hostile action.  Further, his DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 
41 (Awards).  

3.  Therefore, the Board finds that the applicant is not entitled to award of the Purple Heart.

4.  However, the Board notes that the applicant’s DD Form 214 has an incomplete listing of the awards to which he is entitled.  A review of his records and the evidence with his application shows that he is entitled to the award of the Bronze Star Medal (1st Oak Leaf Cluster w/V Device) to be added to his Bronze Star Medal for service; two bronze service stars to be worn on his Vietnam Service Medal; the Expert Rifle Badge M-14; the Presidential Unit Citation; the RVN Campaign Medal
with/60 Device; the RVN Gallantry Cross with Palm Unit Citation; and the RVN Civil Actions Honor Medal, First Class Unit Citation.  

5.  In view of the foregoing, the applicant’s records should be correct, but only as follows.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD For 215 (Correction to DD Form 214) which adds the following awards and decorations to item 24 on his DD Form 214 issued to him on the 12 June 1969:

a.  the Bronze Star Medal (1st Oak Leaf Cluster w/V Device) to be added to his award of the Bronze Star Medal for service;

b.  two bronze service stars to be worn on his Vietnam Service Medal; 

c.  the Expert Rifle Badge M-14;

d.  the Presidential Unit Citation; 

e.  the RVN Campaign Medal with/60 Device, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal, First Class Unit Citation.  

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

BOARD VOTE:  

__tsk      _  ___sk___  __jhk____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ted S. Kanamine___
		        CHAIRPERSON

The Board notes that the applicant’s DD Form 214 has an incomplete listing of the awards to which he is entitled.  A review of his records and the evidence with his application shows
INDEX

CASE ID	AR1999030499	
SUFFIX		
RECON		
DATE BOARDED	20000725	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	19960612	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.