PROCEEDINGS    

	IN THE CASE OF:       

	BOARD DATE:            19 DECEMBER 2002                  
	DOCKET NUMBER:   AR2002077449

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Harry B. Oberg		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 records be corrected to show award of the Purple Heart. 

3.  The applicant made no statement; however, submitted a copy of a patient evacuation tag. 

4.  The applicant’s military records show that he was inducted into the Army on   5 November 1968, trained as an infantryman, and was awarded the Marksman Marksmanship Qualification Badge with rifle bar and the Expert Marksmanship Qualification Badge with machinegun bar.  On 5 May 1969 he was assigned to the 1st Battalion, 506th Infantry in Vietnam as a rifleman. 

5.  The patient evaluation tag that the applicant submits with his request shows that he was a battle casualty who received multiple fragmentation wounds, and that he was transferred from the 22nd Surgical Hospital to the 95th Evacuation Hospital.  The date on that tag is not clear.    

6.  The applicant’s DA Form 20 shows that he was assigned to the 106th General Hospital in Japan as a patient on 14 May 1969.

7.  The applicant participated in one campaign during his service in Vietnam.  The 1st Battalion, 506th Infantry was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for its actions while the applicant was assigned to that unit.  

8.  Orders published by the 106th General Hospital show that the applicant was assigned to Brooke Army Medical Center at Fort Sam Houston in a patient status on 25 May 1969.  

9.  In August 1969 the applicant was assigned to Fort Polk, Louisiana.  He was promoted to pay grade E-4 on 17 November 1969.  A 10 March 1970 report of medical examination does not reflect that the applicant had been treated for wounds.  In April 1970 he was assigned to an infantry company in Germany.  

10.  The applicant returned to the United States and was released from active duty in order to attend school on 21 August 1970 with an honorable characterization of service.  His DD Form 214 (Report of Transfer or Discharge)  shows award of the National Defense Service Medal and the Vietnam Service Medal.  It does not show award of the Purple Heart.

11.  The applicant is not listed on the Vietnam Casualty Report maintained by this agency. 

12.  Army Regulation 600-8-22 provides 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 Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

14.  The Republic of Vietnam Campaign Medal is awarded to members of the Armed Forces who have served in Vietnam for six months, or to those members who have served less than six months and who have been wounded by hostile forces.  

CONCLUSIONS:

1.  Although the evidence is not conclusive, the patient evacuation tag does show that the applicant was a battle casualty.  He was evacuated to Japan and thence to the United States in a patient status.  Any doubt should be shown in favor of the applicant – that he was wounded in action in Vietnam.  Consequently, the applicant’s records should be corrected to show award of the Purple Heart.

2.  The applicant served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal.

3.  The applicant participated in one campaign.  His record should be corrected to show award of the Vietnam Service Medal with one bronze service star.

4.  The applicant is entitled to award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Campaign Medal. 

5.  The applicant was awarded the Marksman Marksmanship Qualification Badge with rifle bar and the Expert Marksmanship Qualification Badge with machinegun bar.  Those awards should be shown on his DD Form 214.

6.  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 the individual concerned was awarded the Purple Heart, the Army Good Conduct Medal, the Vietnam Service Medal with one bronze service star, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with rifle bar, and the Expert Marksmanship Qualification Badge with machinegun bar.     

BOARD VOTE:  

___RVO_  __SK____  ___HBO_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2002077449	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021219	
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.	107.00	
2.		
3.		
4.		
5.		
6.