PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               27 August 2002
	DOCKET NUMBER:      AR2002075363

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas Lanyi 		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Expert Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant states that his unit, the 402nd Transportation Company, was attacked during the Tet Offensive at Long Binh and he was hit with shrapnel above his left eyebrow.  Also, he contends that shrapnel went under his left nostril and a tooth was extracted because of the nose wound.  In support of his application, he submits a newspaper article.

4.  The applicant’s military records show that he was inducted in the Army on 22 March 1967.  He successfully completed basic and advanced individual training and served in Vietnam from 25 March 1968 through 14 March 1969.  The applicant was honorably released from active duty on 15 March 1969.

5.  The applicant's DD Form 214, which was authenticated in his own hand at the time of his separation from the Service, does not show the Purple Heart or the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in 
item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  

7.  The applicant’s service personnel records contain a Report of Medical History and a Report of Medical Examination prepared on 14 March 1969.  Neither of these documents make reference to wounds sustained in combat or show wounds or injuries consistent with those received as a result of hostile action.  The applicant's name is not listed on the Vietnam Casualty Roster.

8.  Headquarters, 7th Transportation Command (Terminal B) Special Orders Number 203, dated 3 October 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

9.  The Board noted that the applicant is entitled to the Vietnam Service Medal with one silver service star, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his discharge document.

10.  The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in pertinent part, the military campaigns of the Vietnam War.  Based on the applicant’s dates of service in Vietnam, Appendix B shows that he participated in five campaigns of the Vietnam War.
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.  This document shows that, at the time of the applicant’s assignment to the 402nd Transportation Company, that unit was cited for award of the Meritorious Unit Commendation for actions during the period 1 July 1968 to March 1969 by Department of the Army General Orders (DAGO) Number 39, dated 1970.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 46, dated 1969 amended by DAGO Number 21, dated 1969.

13.  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.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  Army Regulation 600-8-22 provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1.  The Board considered the applicant's contention that he was hit by shrapnel above his left eyebrow during an attack on his unit in Vietnam.  However, there is no evidence of record, and the applicant has provided no medical evidence which shows he was wounded or treated for wounds as a result of hostile action. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case. 

2.  Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar; therefore, his DD Form 214 will be amended to show this badge.

3.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows he participated in five campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star (in lieu of five bronze service stars) on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one silver service star and correction of his DD Form 214 to show these awards.   
4.  Orders show the applicant was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by deleting the Vietnam Service Medal from the individual concerned DD Form 214; and

	b.  by showing he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal with one silver service star, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

INW_____  AAO_____  TL______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Irene N. Wheelwright
		        CHAIRPERSON

INDEX

CASE ID	AR2002075363	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020827	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.	107.0108	
3.		
4.		
5.		
6.