PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                28 January 2003
	DOCKET NUMBER:       AR2002078916

	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. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Tracey Pinson		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 award of the Purple Heart for combat injuries that he received while under enemy fire.

3.  The applicant states that he was injured while in Vietnam.  He contends that the convoy that he was in was hit by small arms fire.  He claims that he spent 5 months in a hospital, 3 days in Da Nang, 8 days in Tokyo, and 21 days in Fort Ord, California, to recover from his wounds.  He did not submit any documents in support of his application.  

4.  The applicant’s military records show that he enlisted in the Regular Army on 9 February 1966 for a period of three years.  He successfully completed basic and advanced individual training and was awarded military occupational specialty 71N (Moving Specialist).  He served in Germany from 24 June 1966 through 15 May 1967 and in Vietnam from 13 July 1967 through 23 May 1968.  The applicant was honorably released from active duty on 25 September 1968.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which was authenticated in his own hand at the time of his separation from the Service, does not show the Purple Heart as an authorized award.

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).  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  The applicant's DA Form 20 shows he was assigned as a patient to the Medical Holding Detachment, 249th General Hospital in Japan on 3 June 1968.  There are no medical records available to the Board which shows he was wounded as a result of hostile action.

8.  Review of the applicant's personnel records revealed that he is entitled to award of the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation which are not shown on his discharge document.

9.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal.  Appendix B of Army Regulation 600-8-22 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 the Vietnam Counteroffensive, Phase III Campaign, the Tet Counteroffensive Campaign and the Vietnam Counteroffensive, Phase IV Campaign during the Vietnam War.

10.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

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 523rd Transportation Company, it was cited for award of the Meritorious Unit Commendation for actions during the period 2 September 1967 to 31 March 1968 by Department of the Army General Orders Number 31, dated 1969.

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.  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.  

CONCLUSIONS:

1.  The Board considered the applicant's contention that he was injured while in Vietnam when the convoy that he was in was hit by small arms fire.

2.  The Board noted that the applicant's DA Form 20 shows he was assigned as a patient to the Medical Holding Detachment, 249th General Hospital in Japan.  However, there is no evidence of record available to the Board which shows that the applicant was wounded or treated for wounds due to hostile action.

3.  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.

4.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

5.  While the applicant was assigned to the 523rd Transportation Company, it was cited for award of the Meritorious Unit Commendation.  Therefore, he is entitled to award the Meritorious Unit Commendation and correction of his records to show this award.

6.  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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and 

b.  by adding award of the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation.

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

BOARD VOTE:  

KAK____  MHM____  TLP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Karol A. Kennedy______
		        CHAIRPERSON

INDEX

CASE ID	AR2002078916	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030128 	
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.		
3.		
4.		
5.		
6.