PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 August 2002
	DOCKET NUMBER:   AR2002066821

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Jose A. Martinez		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 his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) be corrected to reflect the award of the 
Purple Heart.

3.  The applicant states, in effect, that the Purple Heart should be added to his DD Form 214.  He contends that he received the orders for the PH on or about 
10 February 1969 while serving in the Republic of Vietnam with the 9TH Infantry Division.  In support of his application, the applicant submits a copy of his DD Form 214 for the period ending 15 July 1971.

4.  The applicant’s active duty personnel records and his service medical records are not available for review.  However, the provided DD Form 214 shows that he enlisted in the Regular Army on 23 July 1968 for 3 years after having prior active duty service.  His military occupational specialty was 11B40 (light weapons infantryman).

5.  The provided DD Form 214 also shows that he completed two assignments in the Republic of Vietnam.  These tours of duty were from 8 January 1969 to 
14 February 1969 and from 6 October 1970 to 14 July 1971.  On 15 July 1971, the applicant was honorably discharged.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the provided DD Form 214
shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Army Commendation Medal, 1 Overseas Service Bar, the Expert Badge 
(M-60), the Expert Badge (M-14), and the Sharpshooter Badge (M-16).

7.  The applicant’s name appears on the Vietnam Casualty Roster.  The roster shows that the applicant was wounded and was hospitalized for an injury that resulted from hostile action.  The roster also shows that the applicant was with the 9TH Infantry Division and that he was wounded on 7 February 1969. 

8.  Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters,
U. S. Military Assistance Command and its subordinate units during the period 
8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

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 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 considered the applicant’s request for award of the Purple Heart for wounds sustained in Vietnam on or about 10 February 1969.

2.  The Board noted that there are no orders available which show that he was awarded the Purple Heart and that his service personnel and service medical records were not available for review.  

3.  The Board also noted that the Vietnam Casualty Roster showed that the applicant was wounded in action in Vietnam on 7 February 1969.  The Board further noted that the Vietnam Casualty Roster is an official Department of the Army document based on casualty feeder reports submitted during the Vietnam War.

4.  After a review of all the facts in this case, the Board determined that the entry on the Vietnam Casualty Roster is sufficient evidence to award the Purple Heart to the applicant.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show this decoration. 

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  This unit award should also be added to his DD Form 214.

6.  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 awarding the individual concerned the Purple Heart for wounds received on 7 February 1969.

2.  Amending the applicant’s DD Form 214 for the period ending 15 July 1971 to show the award of the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

__JNS __  __INW __  __JAM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

					        ___       John N. Slone      ___
		        CHAIRPERSON

INDEX

CASE ID	AR2002066821	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/15	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.