PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            26 November 2002
	DOCKET NUMBER:   AR2002074809

	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. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Hubert O. Fry		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 report of separation (DD Form 214) be corrected to reflect his award of the Purple Heart.

3.  The applicant states that he received the Purple Heart on 14 March 1967; however, it was never included on his DD Form 214.  In support of his application, he submits a copy of his Purple Heart Certificate dated 14 March 1967. 

4.  The applicant’s military records show that he was inducted in Oklahoma City, Oklahoma, on 3 August 1966.  He completed his basic combat training at Fort Bliss, Texas, and was transferred to Fort Sill, Oklahoma, to undergo his advanced individual training (AIT) as a field artillery crewman.  He completed his AIT and was transferred to Vietnam on 23 December 1966.  He was assigned to C Battery, 2nd Battalion, 9th Artillery, 25th Infantry Division for duty as a cannoneer.

5.  On 14 March 1967, the applicant received a metal fragment wound to the head when his base camp came under a hostile mortar attack by the enemy.  He was treated at the 2d Surgical Hospital and was subsequently returned to his unit.

6.  He was advanced to the rank of specialist four (SP/4) on 29 August 1967 and departed Vietnam on 22 December 1967.  He was assigned to Fort Sill until he was honorably released from active duty (REFRAD) on 2 August 1968, due to the expiration of his term of service.  He had served 2 years of total active service and his DD Form 214 shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal (VSM) with one bronze service star. 

7.  A review of his records fails to show any orders awarding him the Purple Heart.  However, his records do contain orders awarding him the Army Good Conduct Medal (GCMDL) on 13 June 1968, which was not recorded on his DD Form 214 at the time of his REFRAD.

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 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.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was authorized awards of the Valorous Unit Award (VUA), the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC w/Palm) and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) during the period he was assigned to the unit.  Additionally, the applicant’s unit participated in three campaigns during the period of his assignment.

CONCLUSIONS:

1.  While the applicant’s records do not contain a copy of the orders awarding him the Purple Heart, his records clearly contain information showing that he was wounded in combat on 14 May 1967 and that he was treated by medical personnel at the time.  

2.  Inasmuch as the applicant has provided a copy of his Purple Heart Certificate, it is reasonable to presume that he was in fact awarded the Purple Heart and that the failure to reflect the award on his DD Form 214 was the result of an administrative oversight.  Accordingly it would be in the interest of justice to do so at this time. 

3.  Additionally, the applicant was also awarded the GCMDL and was entitled to three bronze service stars for wear on his already awarded VSM, instead of one, which was not properly reflected on his DD Form 214. 

4.  In addition, he was authorized awards of the VUA, the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation that were not awarded or reflected on his DD Form 214. 

5.  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 he was awarded the Purple Heart, the GCMDL, the VSM with three bronze service stars, the VUA, the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation and by awarding him the appropriate medals.
 
BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002074809	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.  102	107.0056/GCMDL	
4.  79	107.0033/VUA	
5.  140	107.0094/RVNGC	
6.  141	107.0095/RVNCAHM