PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 January 2003    
	DOCKET NUMBER:   AR2002078291

	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. Kathleen A. Newman		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Patrick H. McGann		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 (Report of Transfer or Discharge) to show award of the Purple Heart.

3.  The applicant states, in effect, that he was wounded during a mortar attack on 11 November 1967 in Vietnam.  He contends that while running for cover something struck him in his right thigh.  He points out that the medical record states that barbed wire cut his leg but he contends that there was no wire like that inside the perimeter.  He states that something flying from the mortar was what actually hit him.  In support of his application, he submits a letter of explanation, dated 5 August 2002; an undated eyewitness statement; and a health record, dated 11 November 1967.      

4.  The applicant’s military records show that he was inducted on 25 October 1966.  He served as a combat engineer in Vietnam from 12 May 1967 through 
10 May 1968 and was honorably released from active duty on 24 October 1968.

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 24 September 1968 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 an eyewitness statement from a fellow soldier at the time in question.  This soldier attests that the applicant was hit in the leg while running for cover during an incoming rocket attack in Vietnam.   

10.  The applicant also provided a health record, dated 11 November 1967, which shows the entry, “Pt [Patient] cut R [right] thigh on barb wire.”  There is no evidence that this injury was the result of hostile action.

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 the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 1 January 1966 to 20 January 1968 by Department of the Army General Orders Number 39, dated 1970.  This award is not shown on his discharge document.    

12.  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 8, dated 1974.  This award is not shown on his discharge document.

13.  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 noted the applicant’s contention that he was wounded during a mortar attack on 11 November 1967 in Vietnam.   

2.  The Board also considered the applicant’s contention that the medical record which states the applicant cut his right thigh on barb wire is incorrect.  However, the applicant has provided no evidence to support this contention.  

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

4.  The Board considered the eyewitness statement provided in support of the applicant’s claim for award of the Purple Heart.  However, this statement, is not sufficient by itself as a basis for award of the Purple Heart, in view of evidence of record which shows the applicant was not wounded. 

5.  The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to the Purple Heart.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.  

6.  The applicant’s unit received the Meritorious Unit Commendation 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 unit awards.

7.  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 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:  

KAN____  GJW____  PHM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Kathleen A. Newman______
		        CHAIRPERSON

INDEX

CASE ID	AR2002078291	
SUFFIX		
RECON		
DATE BOARDED	20030123	
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.