PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:              11 February 2003
	DOCKET NUMBER:      AR2002079219

	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:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Antonio Uribe		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 records to show award of the Purple Heart.

3.  The applicant states, in effect, that the Purple Heart was never included on DD Form 215 (Correction to DD Form 214).  In support of his application, he submits a copy of a Western Union telegram, dated 18 February 1968 and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show that he enlisted in the Regular Army on 12 January 1967 for a period of three years.  He successfully completed basic and advanced individual training and served in Vietnam from 7 August 1967 through 2 August 1969.  The applicant was honorably released from active duty on 9 January 1970 in the rank of specialist four. 

5.  The applicant's DD Form 214 does not show the Purple Heart as an authorized award.

6.  The applicant provided a copy of a Western Union telegram, dated 18 February 1968, which states that he was slightly wounded in Vietnam on 6 February 1968 as a result of hostile action.  This telegram also states that he received scratches to his left arm and right cheek.  Further, the telegram states that the applicant was treated and returned to duty.  The applicant's name is listed on the Vietnam Casualty Roster.

7.  Review of the applicant's personnel records revealed that he is entitled to award of the Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Headquarters 13th Support Brigade General Orders Number 82, dated 17 November 1969, awarded the applicant the Good Conduct Medal for the period 12 January 1967 to 11 January 1970.

9.  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.

10.  Army Regulation 600-8-22 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.  There are no orders available to the Board which authorized award of the Purple Heart to the applicant.  

2.  The applicant provided a copy of a Western Union telegram which shows he was wounded in action on 6 February 1968 as a result of hostile action.  Upon review, the Board has determined that this evidence is sufficient as a basis to correct his military records to show award of the Purple Heart.

3.  Orders show the applicant was awarded the Good Conduct Medal for the period 12 January 1967 to 11 January 1970.  Therefore, his records will be amended to show award of the Good Conduct Medal.

4.  Orders also show that the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his records will be amended to show this foreign unit award.

5.  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 the individual concerned was awarded the Purple Heart, the Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

SAC____  RKS____  AU______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2002079219	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030211	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.