PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            9 April 2002
	DOCKET NUMBER:   AR2001066176

	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. Jessie B. Strickland		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 that he be awarded the Purple Heart.

3.  The applicant states that his left eardrum was ruptured in combat and he has been service connected for that injury since 1973.  Accordingly, he should have received the Purple Heart for that combat related injury.

4.  The applicant’s military records show that he was inducted on 15 September 1970.  He successfully completed his training and was transferred to Vietnam on 25 February 1971, for duty as a light weapons infantryman.  He was advanced to the pay grade of E-4 on 18 June 1972.

5.  While in Vietnam, he was awarded the Combat Infantryman Badge (CIB), the Bronze Star Medal (BSM), the Air Medal (AM), the Republic of Vietnam Campaign Medal (RVNCM), the National Defense Service Medal and the Vietnam Service Medal (VSM).  He continued to serve in Vietnam until 27 January 1972, when he was returned to Oakland Army Base, California for separation.

6.  On 28 January 1972, he was honorably released from active duty (REFRAD) under the Phasedown Release Program.  He had served 1 year, 4 months and 14 days of total active service.  

7.  On 25 February 1972, orders were published awarding the applicant the Bronze Star  Medal with “V” device, for heroism in Vietnam on 14 December 1971.  He was also awarded the Army Good Conduct Medal (AGCM) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation. Those awards were never entered on his report of separation (DD Form 214). 

8.  A review of the applicant’s records fails to show any indication that the applicant was ever wounded/injured or ever treated for any such wounds/injuries while on active duty. 

9.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

CONCLUSIONS:

1.  The available evidence of record found in this case fails to indicate that the applicant was wounded/injured as a result of enemy action, that he was treated by medical personnel, and that such treatment was made a matter of official record.  Accordingly, there appears to be no basis to award him the Purple Heart.
2.  However, his records do show that subsequent to his separation, he was awarded the BSM with “V” device, the AGCM and the RVNGC w/Palm Unit Citation.  Those awards were not entered on his records and the Board finds that it would be in the interest of justice to do so at this time. 

3.  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 BSM with “V” device, the AGCM and the RVNGC w/Palm Unit Citation.

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

BOARD VOTE:  

___dh___  ___rvo __  __rjw ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2001066176	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/09	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  60	107.0014/BSM w/V device	
3.  140	107.0095/rvngc	
4.		
5.		
6.