PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           23 April 2002                   
	DOCKET NUMBER:   AR2001064686

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyi		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 award of the Purple Heart for wounds received in combat in Vietnam.

3.  The applicant states, in effect, he never received the Purple Heart and did not realize that it was not of record until the Department of Veterans Affairs (VA) reviewed his records in February 2000.

4.  The applicant’s military records show that he entered active duty on 29 November 1968.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 62B (Engineer Equipment Repairman). 

5.  The applicant’s duty assignments include a 5-month tour in Germany and two tours in Vietnam, first with Company A, 35th Combat Engineer Battalion, from 10 February 1969 through 6 February 1970, and then with the 59th Engineer Company, from 24 August 1970 through 29 March 1971.  

6.  The applicant’s service medical records show that on 14 March 1971, as a result of hostile action, he received fragment wounds to the right side of his face, his right eye and right leg with retained fragments at all sights.  He was evacuated to the USS Sanctuary where his right eye had to be enucleated (removed).  He was then air evacuated to Walter Reed General Hospital for follow-up treatment and evaluation.

7.  With the loss of his eye, he was referred to a Medical Evaluation Board and subsequently to a Physical Evaluation Board (PEB).  The PEB found him unfit for continued active duty.  The applicant was permanently retired by reason of a physical disability on 15 June 1971 in pay grade E-5,

8.  The applicant’s Report of Transfer or Discharge (DD Form 214) lists his awards and decorations as the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Sharpshooter Qualification Badge with Rifle Bar.

9.  The applicant’s DA Form 20 (Enlisted Qualification Record) correctly shows that he participated in five campaign periods during his service in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 55, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 48, dated 1971.

11.  Army Regulation 600-8-22 provides, the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 provides that the Vietnam Service Medal is authorized for all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days.  It also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriated campaign or service medal including the Vietnam Service Medal.  A silver service star is worn in lieu of five bronze service stars.  The designated campaign periods include but are not limited to: the Counteroffensive Phase VI, ending on 22 February 1969; the Tet 69 Counteroffensive, ending on 8 June 1969; the Vietnam Summer-Fall 1969, ending on 31 October 1969; the Vietnam Winter-Spring 1970; ending on 30 April 1970; and the Counteroffensive Phase VII, ending on 30 June 1971.

CONCLUSIONS:

1.  The applicant’s record clearly shows that he was wounded as a result of hostile action and is entitled to award of the Purple Heart.

2.  The applicant participated in five campaign periods; therefore his Vietnam Service Medal should properly be listed as the Vietnam Service Medal with one silver service star.

3.  During the period that the applicant was attached to it, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these awards should be reflected on his DD Form 214.

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will rectify an injustice and correct an error.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is awarded the Purple Heart, the Vietnam Service Medal with a silver service star, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

__KAK__  __MDM__  __TL ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_     Karol A. Kennedy_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001064686	
SUFFIX		
RECON		
DATE BOARDED	20020423	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.