PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          9 April 2002
	DOCKET NUMBER:  AR2001065620

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, Jr.		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 two 2 Purple Hearts (PH) he earned be added to his records.  

3.  The applicant states, in effect, that he is filing a claim with the Department of Veterans Affairs (VA) and being credited with the PHs he earned would assist the VA in making a final determination in regard to his entitlement to receive medical treatment and compensation benefits.  

4.  The applicant’s military records show that that he was inducted into the Army of the United States on 27 October 1965.  His was trained and served in military occupational specialty (MOS) 11C (Infantryman Fire Crewman) and the highest rank he attained while serving on active duty was specialist four/E-4 (SP4/E-4).

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he was assigned to the Republic of Vietnam (RVN) and served with B Company, 
4th Battalion, 9th Infantry Regiment, 25th Infantry Division, from 22 April 1966 to 
9 April 1967.  Item 40 (Wounds) contains the entry “shrapnel wound right arm, 
26 May 1966” that verifies he was wounded in action in the RVN.  

6.  In addition, the applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Orders Number 348, dated 16 October 1967, issued by Headquarters, 2nd Armor Division, Fort Hood, Texas, which awarded him the Army Good Conduct Medal (AGCM), first award, for the period 17 October 
1965 to 16 October 1967.

7.  On 26 October 1967, the applicant was honorably released from active duty under the provisions of chapter 2, Army Regulation 635-200, by reason of expiration of term of service.  At the time of his separation he had completed a total of 2 years of active military service.  

8.  The separation document (DD Form 214) issued to and authenticated by the applicant on the date of his separation confirms that he earned the following awards during his active duty tenure:  Bronze Star Medal; National Defense Service Medal; Vietnam Service Medal with 2 bronze service stars; Republic of Vietnam Campaign Medal with 60 Device; and Combat Infantryman Badge.  The awards listed in this separation document do not include the PH or the PH 
1st Oak Leaf Cluster.

9.  Army Regulation 600-8-22 prescribes the policy for the Army awards program. Paragraph 2-8 contains the policy for awarding the PH and it states, in pertinent part, that the PH 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. 
10.  Paragraph 2-8b(1) states, in pertinent part, that the PH is authorized for the first wound suffered, but for each subsequent award an oak leaf cluster will be awarded.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  The numerical listing of units in this publication confirms that the unit in which the applicant served in the RVN earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment tenure.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he earned two PHs while serving in the RVN.  However, the Board is only able to confirm his entitlement to one of these awards.  

2.  By regulation, in order to award the PH a member must have been wounded in action, must have been treated for the wound by military medical personnel, and this treatment must have been made a matter of official record.  For each subsequent award of the PH will be made for more than one wound or injury not received at the same instant or from the same missile, force, explosion, or agent.

3.  The evidence of record confirms that on 26 May 1966, while serving as a private first class in the RVN, the applicant received a shrapnel wound to his right arm in action against the enemy.  Therefore, the Board concludes the regulatory burden of proof has been satisfied in this case and the applicant should be awarded the PH at this time.

4.  However, there is no evidence of record or independent evidence to show the applicant was wounded in action a second time while serving in the RVN.  Therefore, the Board finds insufficient evidence to support awarding a second PH or 1st Oak Leaf Cluster to the PH in this case. 

5.  In addition, the evidence of record confirms the applicant was awarded the Army Good Conduct Medal for the period 17 October 1965 to 16 October 1967; however, this award was not included in the list of awards in his separation document.  Therefore, the Board concludes it would be appropriate to add this award to his DD Form 214 at this time. 

6.  The record also confirms that during his assignment tenure in the RVN, the unit in which he served was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the Board also concludes that it would be appropriate to add this award to his record at this time. 

7.  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 for the individual concerned be corrected by:  awarding him the Purple Heart, for being wounded in action on 26 May 1966, while serving as a private first class in the RVN; showing he earned the Army Good Conduct Medal, for his honorable period of active military service from 17 October 1965 to 16 October 1967; showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for his unit service in the RVN; and providing him a corrected separation document that reflects these awards.

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

BOARD VOTE:  

__RVO__  __RJW__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Raymond V. O'Connor, Jr.___
		              CHAIRPERSON

INDEX

CASE ID	AR2001065620	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/09	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	PARTIAL (GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.