PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           12 March 2002
	DOCKET NUMBER:   AR2001063329

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Gail J. Wire		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 his records be corrected to show award of the Purple Heart (PH).

3.  The applicant states that while serving in the Republic of South Vietnam in 1971, he suffered a shrapnel wound to the head and spent two weeks in the hospital in Saigon with a concussion; however, he never received a PH or orders awarding him a PH.  He further states that he now receives disability from the Department of Veterans Affairs (VA) for this wound.

4.  In support of his application, the applicant submitted a copy of his VA benefits award letter from the VA, VA Form 21-6782 (Original Disability Compensation) and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

5.  The applicant’s military records show that he served as an enlisted man in the US Army Reserve (USAR) from 15 July 1959 through 30 December 1962.  On 31 December 1962, he entered the Regular Army (RA).  On or about 12 May 1968, he entered Infantry Officer Candidate School (OCS) at Fort Benning, Georgia.  He completed OCS and was honorably discharged on 28 October 1968 in order to accept a commission as a Second Lieutenant, USAR on 29 October 1968.  He was assigned to Germany for his first permanent duty assignment as an officer.

6.  On 16 August 1970, the applicant was assigned to the Republic of Vietnam.  He was subsequently assigned to Civil Operations Rural Development Support (CORDS), United States Military Assistance Command Vietnam (USMACV) where he served until 14 August 1971 when he departed Vietnam for the United States.

7.  On 27 August 1971, at Oakland Army Base, Oakland, California, the applicant was released from active duty under the provisions of chapter 3, Army Regulation 635-100 and transferred to the USAR.  He had 2 years, 9 months, and 29 days of creditable commissioned service and a total of 12 years, 1 month, and 13 days total time in service.  His DD Form 214 reflects the following awards: the National Defense Service Medal, Presidential Unit Citation, Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Good Conduct Medal, Combat Infantryman Badge, Bronze Star Medal, and two Overseas Service Bars.

8.  The United States Army Vietnam Casualty List shows the applicant was wounded in action on 8 December 1970.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.  

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSS will be worn on the appropriate service medal.  During the applicant’s assignment in Vietnam, he participated in two campaigns, the Vietnam Counteroffensive, Phase VII Campaign and the Consolidation I Campaign.

11.  Army Regulation 600-8-22 (Military Awards), 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.  

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 Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 – 28 March 1973, by Department of the Army General Order Number 8, dated 1974 and the Meritorious Unit Commendation for the period 15 April 1970 – 15 April 1972, by Department of the Army General Order Number 11, dated 1973.  

CONCLUSIONS:

1.  The evidence of record indicates that the applicant is entitled to award of the PH for wounds he received in action against a hostile force, two BSS on his Vietnam Service Medal, Meritorious Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  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 by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, awarding him the PH, two BSS for his Vietnam Service Medal, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

_INW____  ___RJW_  __GJW _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Irene N. Wheelwright_
		        CHAIRPERSON

INDEX

CASE ID	AR2001063329	
SUFFIX		
RECON		
DATE BOARDED	20020312	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19710827	
DISCHARGE AUTHORITY	AR 635-100, c3	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.