PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            31 January 2002
	DOCKET NUMBER:   AR2001061140

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Ms. Regan K. Smith		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, that he be awarded the Purple Heart (PH). 

3.  The applicant states, in effect, that he suffered bilateral burns to his hands from a flare while stationed in Vietnam and desires to be awarded the PH for his injuries.  In support of his application he submits a medical document showing that his hand was treated while on active duty. 

4.  The applicant’s military records show that he enlisted in Chicago, Illinois on 29 May 1969 for a period of 2 years.  He completed his training and was transferred to Fort Hood, Texas, where he remained until he was transferred to Vietnam on 18 April 1970, for duty as a light weapons infantryman with C Company, 1st Battalion, 502nd Infantry Regiment.  He was advanced to the pay grade of E-4 on 16 August 1970.

5.  He remained in Vietnam until 25 March 1971, when he was returned to Fort Lewis, Washington and was honorably released from active duty on 27 March 1971 as a early overseas returnee.  He had served 1 year, 9 months and 29 days of total active service and was awarded the Combat Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal. The Bronze Star Medal, the Air Medal, and the Army Commendation Medal.

6.  A review of the medical documents submitted by the applicant show that on 5 September 1970, the applicant was seen by medical personnel and diagnosed with possible cellulitis of the right hand.  The examining physician indicated that the applicant had diffuse swelling of the right hand with no tenderness or inflammation.  He also indicated that it may be early cellulitis but he saw no evidence for it at that time.  He prescribed Benadryl for 2 days.  There are no indications in the available records to show that he was ever injured or wounded as a result of enemy action and his name does not appear on the Vietnam Casualty Roster.

7.  Department of the Army Pamphlet 672-3 provides a by-unit listing of unit campaign and campaign participation.  It shows that the applicant’s unit received awards of the Republic of Vietnam Gallantry Cross with palm (RVNGC w/palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM – FC) for actions during the period in which the applicant was assigned.  The awards were authorized subsequent to the applicant’s departure from Vietnam.

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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

CONCLUSIONS:

1.  Although the applicant has provided evidence to show that he was treated for cellulitis of the right hand, he contends that he was burned on both hands and has failed to clearly show that he was wounded/injured as a result of enemy action.  Therefore, in the absence of evidence to the contrary, there appears to be no basis to award him the PH.

2.  However, the available evidence does show that the applicant’s unit was authorized awards of the RVNGC w/palm Unit Citation and the RVNCAHM – FC, subsequent to his departure, for the period in which he served with that unit.  Accordingly, his records should have been corrected to reflect his authorization for those awards.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the RVNGC w/palm Unit Citation and the RVNCAHM – FC.

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

BOARD VOTE:  

___rvo __  __rks ___  __eja____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2001061140	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/01/31	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  140	107.0094/RVNGC	
2.  141	107.0095/RVNCAHM	
3.  61	107.0015/PH	
4.		
5.		
6.