PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 October 2002    
	DOCKET NUMBER:   AR2002076212

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Lutz		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, award of the Purple Heart. 

3.  The applicant states, in effect, that he was wounded on 21 November 1969 during a fire fight in Vietnam.  He contends that he received small pieces of shrapnel in his right leg as a result of enemy fire.  He states that he lost his balance and fell off of the Army Personal Carrier (APC) he was assigned to for guard duty.  He also contends that he was treated and a cast was put on his right leg.  He further contends that the medical record he provided is wrong; specifically, he was not on a bunker but on an APC and that he did not injure his right leg, he sustained a shrapnel wound.  In support of his application, he submits a photograph of a soldier with a cast on his right leg; a Standard Form 513 (Clinical Record), dated 22 December 1969; a letter of explanation; and a letter, dated 23 July 2001, from the Disabled American Veterans in San Antonio, Texas.     

4.  The applicant’s military records show that he was inducted on 11 June 1968.  He served as a scout observer in Vietnam from 18 May 1969 through 14 April 1970 and was honorably released from active duty on 15 April 1970.   

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6.  There is no evidence in the applicant’s service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

7.  His DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

8.  Evidence of record shows that on 15 April 1970 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action. 

9.  In support of his claim for award of the Purple Heart, the applicant provided a Standard Form 513 (Clinical Record), dated 22 December 1969, which states that he fell off a bunker on 21 November 1969 and injured his right foot.  There is no evidence that this injury was the result of hostile action.  

10.  The applicant also provided a photograph of a soldier with a cast on his right leg.

11.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in three campaigns during his assignment in Vietnam.

12.  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 the unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions on 19-20 June 1969 by Department of the Army General Orders Number 53, dated 1970.  This award is not shown on his discharge document.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 50, dated 1971.  This award is not shown on his discharge document.

14.  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.
  
CONCLUSIONS:

1.  The Board considered the applicant’s contention that he sustained shrapnel wounds to his right leg on 21 November 1969 during a fire fight in Vietnam.   However, medical evidence provided by the applicant shows that he fell off a bunker on 21 November 1969 and injured his right foot.

2.  The Board also considered the applicant’s contention that the medical record is incorrect; specifically, that he was not on a bunker but on an APC and that he did not injure his right leg, he sustained a shrapnel wound.  However, there is no evidence of record to support this contention.      

3.  There is no evidence in the applicant’s service personnel records which shows that he was wounded or treated for wounds sustained as a result of hostile action in Vietnam.

4.  The applicant signed his DD Form 214 on 15 April 1970 attesting to the fact that he was not entitled to award of the Purple Heart.

5.  Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.  

6.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.   

7.  The applicant’s unit received the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards.

8.  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 by showing that the individual concerned was awarded the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award 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:  

KAK____  TAP____  BJL_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Karol A. Kennedy______
		        CHAIRPERSON

INDEX

CASE ID	AR2002076212	
SUFFIX		
RECON		
DATE BOARDED	20021029	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.