PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           13 March 2003  
	DOCKET NUMBER:   AR2002075953

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John A. Kelley		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, in effect, that the Purple Heart award be reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant states he was awarded the Purple Heart on April 22, 1966 and that the award is reflected in his records.

4.  The applicant’s military records show that he was inducted into the Army on 3 June 1955, achieved pay grade E-3 and was honorably separated on 23 May 1957.  He enlisted into the Regular Army on 19 March 1965; his military occupation specialty was 63C20, General Vehicle Repairman, he achieved the rank of specialist, and was honorably discharged on 18 March 1968. He had 7 years, 11 months 28 days of other service which indicates that he served a period in the U.S. Army Reserves after his 23 May 1957.

5.  He served in Vietnam from 20 August 1966 through 19 August 1967, was assigned to Headquarters Troop, 1st Squadron 11th Armored Cavalry Regiment from August 1966 to April 1967, serving as a scout driver and then was assigned to Company C, 60th Infantry Regiment, 9th Infantry Division from April 1967 through August 1967, serving as a motor sergeant.

6.  His awards include the Marksman Marksmanship Qualification Badge with Carbine Bar, the Motor Vehicle Mechanics Badge, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  The Purple Heart is not listed as an authorized award.

7.  On 15 March 1968, the applicant signed a DA Form 3082 (Statement of Medical Condition).  The applicant indicated that there had been no change in his medical condition.

8.  There are no orders in the applicant’s service personnel records, which show that he was awarded the Purple Heart.

9.  The applicant’s name is not listed on the Vietnam Casualty Roster as having been wounded in action.

10.  The applicant’s DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), does not contain an entry.  However, item 41 (Awards and Decorations) contains a handwritten entry that does not reference the authority for the awards.

11.  Army Regulation 600-200 (Enlisted Personnel Management System) provides, in pertinent part, that Item 40 (Wounds) of the DA Form 20 will contain a brief description of wounds or injuries (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.

12.  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.

13.  The same regulation provides that a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  In the applicant’s case, he is entitled to wear three Bronze Service Stars on his Vietnam Service Medal for participation in the Vietnam Counteroffensive Phase II & III and Tet Counteroffensive Campaigns.

14.  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 1st Squadron 11th Armored Cavalry Regiment it was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 through 10 August 1968, by Department of the Army General Order 60, dated 1969.  Further, during his assignment to the 60th Infantry Regiment, 9th Infantry Division it was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969, by Department of the Army General Order 59, 1969.

CONCLUSIONS:

1.  The applicant provided no evidence and the records available to the Board contain no acceptable evidence that indicates he was awarded the Purple Heart. The reference to the Purple Heart on the applicant’s DA Form 20 was not properly entered.  It did not cite the authority (orders) the award was based on.  There should have also been a supporting entry in item 38 (Wounds).  There was no such entry.  In addition, the applicant signed a statement prior to his separation that there had been no change in his medical status, he is not listed on the appropriate casualty list and no Purple Heart orders could be located with his name.  In light of the evidence available, the Board concludes there is insufficient evidence to approve the award of the Purple Heart.

2.  Notwithstanding the denial of his request for the Purple Heart, his records substantiate that he is entitled to award of three Bronze Service Stars to be worn on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He is therefore entitled to have these awards shown on his DD Form 214.

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 be corrected by awarding the individual concerned three Bronze Service Stars to be worn on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

BOARD VOTE:  

___tap___  ___rwa__  ____jak_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Thomas A. Pagan______
		        CHAIRPERSON

INDEX

CASE ID	AR2002075953	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020313	
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         1.107.015		
2.		
3.		
4.		
5.		
6.