PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           8 August 2002                  
	DOCKET NUMBER:   AR2001064160

	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 Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Margaret V. Thompson		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 award of the Purple Heart for injuries received in combat.

3.  The applicant states, in effect, that he was wounded in his left leg on the 
23 February 1945, while serving as a Platoon Leader with the 334th Infantry Regiment in Baal, Germany.  He states that he had the shrapnel removed on 
7 November 1960, at the U.S. Naval Hospital, Saigon, South Vietnam, while serving with the Military Assistance Group (MAG) on 7 November 1960.   In support of his claim he submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued on 30 September 
1968 and a sheet showing a health record entry dated 7 November 1960.   

4.  Following enlisted service from March 1943 to November 1944, the applicant was appointed a second lieutenant in the Infantry.  He served in Europe and was awarded the Bronze Star Medal (BSM) for meritorious service.  Following World War II, he continued on active duty and retired with, 25 years of service as a Lieutenant Colonel on 30 September 1968. 

5.  The BSM citation states that he was without rest for the preceding 36 hours and he had completed the operation without sustaining a "single casualty".  

6.  The medical information submitted by the applicant makes no mention of him sustaining any wounds while engaged in action against a hostile enemy or removal of shrapnel.  The entry states that a tumor was removed from his left lower leg on 7 November 1960.  The applicant's tumor was examined by the pathology department, with no mention that it contained any metal fragments. 

7.  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.

8.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  Paragraph 2-13d specifically provides that individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, a unit personnel officer may award the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

CONCLUSIONS:

1.  The applicant's military record fails to show that he was awarded the Purple Heart for any injury or that he underwent medical treatment for wounds received as a result of hostile action by the enemy on 23 February 1945.  

2.  The Board also noted the medical entries dated 7 November 1960, which show the applicant had surgery for removal of a tumor from his left leg.  Follow-up treatment makes no mention of any wound sustained as the result of enemy action.  

3.  Accordingly, the Board concludes that there is insufficient available evidence to substantiate award of the Purple Heart.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  The applicant is entitled to the Armed Forces Expeditionary Medal.  This award should be added to his DD Form 214.

6.  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 showing that the individual concerned was awarded the Armed Forces Expeditionary Medal. 

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

BOARD VOTE:  

___RJW_  __LE____  _MVT___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_     Raymond J. Wagner______
		        CHAIRPERSON

INDEX

CASE ID	AR2002064160	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002.08.08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	DASA	
ISSUES         1.	A107.0015	
2.	A107.0072	
3.		
4.		
5.		
6.