PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            31 January 2002
	DOCKET NUMBER:   AR2001065918

	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 he was wounded in Vietnam and was awarded the Purple Heart while hospitalized in Japan.  He states further that the Purple Heart was never added to 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 8 December 1965 and completed training as an infantryman.  He served in Vietnam from 28 September 1966 until he was wounded in Vietnam and medically evacuated to Japan in February 1967.  The applicant was honorably separated from active on 3 October 1967 by reason of physical disability. 

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  

6.  There are no orders in the applicant’s records for award of the Purple Heart.  Medical records show that the applicant sustained fragmentation wounds to his lower body on 21 January 1967 in Vietnam when an enemy booby trap was detonated.  The applicant’s DA Form 20 (Enlisted Qualification Record) also shows in item 40 (Wounds) the entry, “FW: both legs 21 Jan67” [fragmentation wounds: both legs 21 January 1967].

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 48, dated 1971.

8.  Department of the Army Pamphlet 672-3 also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 9, dated 1970.

9.  Army Regulation 600-8-22 (Military Awards) 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.  Medical records show the applicant was wounded as a result of hostile action. Therefore, he is entitled to award of the Purple Heart and correction of his records to show that award.

2.  Orders show that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 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:

	a.  by awarding the individual concerned the Purple Heart for wounds sustained in Vietnam on 21 January 1967; and 

	b.  by showing that he 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.

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	AR2001065918	
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.