PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            31 January 2002
	DOCKET NUMBER:   AR2001065181

	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. Hubert S. Shaw, Jr		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 award of the Purple Heart.

3.  The applicant states that award of the Purple Heart was omitted from 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 on 2 April 1968 and completed training as a medical aidman.  He served in Vietnam from 6 September 1968 through 27 August 1969.  The applicant was honorably discharged from active duty on 1 April 1970.

5.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) shows the entry for a sprained ankle on 30 September 1968 in item 40 (Wounds); however, the Purple Heart is not listed in item 41 (Awards and Decorations).

6.  The applicant provided a copy of an award certificate for the Purple Heart which shows that he received the Purple Heart on 10 October 1968 for wounds sustained on 20 September 1968.  The Vietnam Casualty microfiche shows that the applicant was wounded on 30 September 1968.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 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 5, dated 1971 and award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The Board noted that the applicant’s records do not contain orders for award of the Purple Heart, but that he submitted an award certificate for the Purple Heart for wounds sustained on 20 September 1968.  The applicant’s DA Form 20 shows that he sprained his ankle on 30 September 1968, but other evidence of record shows that he was wounded as a result of hostile action on 30 September 1968 in Vietnam.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 30 September 1968 and correction of his records to show this award.

2.  Evidence of records shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign unit awards.

3.  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 showing that the individual concerned was awarded the Purple Heart for wounds sustained in Vietnam on 30 September 1968, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

__RVO__  __RKS__  __EJA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Mr. Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2001065181	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020131	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.