PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:              25 February 2003
	DOCKET NUMBER:      AR2002079590

	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. John N. Slone		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Lawrence Foster		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 that he was injured by a hand grenade while serving with "Alpha Company" in Vietnam in 1970 during a fire fight.  He contends that he was treated for his injuries on the field and at his base in "Mei Cong Delta."  He claims that he still has shrapnel in his right leg and should have been awarded the Purple Heart.  In support of his application, he submitted a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show that he was inducted in the Army on 5 August 1969.  He successfully completed basic and advanced individual training and served in Vietnam from 13 February 1970 through 11 February 1971 as an infantryman.  The applicant was honorably released from active duty on 11 February 1971 in the rank of specialist four.

5.  The applicant's DD Form 214, 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.  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, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Valorous Unit Award which are not shown on his DD Form 214.

8.  The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, it does not show the bronze service stars to which applicant is entitled for campaign participation.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) 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 three campaigns of the Vietnam War.

10.  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 2nd Battalion, 47th Infantry, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 55, dated 1971.  The applicant's unit was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 55, dated 1971.

11.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 2nd Battalion, 47th Infantry, it was cited for award of the Valorous Unit Award for actions during the period 1 May to 29 June 1970 based on Department of the Army General Orders Number 43, dated 1972.

12.  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.

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 contentions that he was injured by a hand grenade while serving in Vietnam and that he was treated for injuries on the field and at his base.  However, there is no evidence of record which shows he was wounded or treated for wounds as a result of hostile action.

2.  The Board also considered the applicant's statements that he still has shrapnel in his right leg and should have been awarded the Purple Heart.

3.  The Board noted that there was no medical record of wounds and the applicant signed his own discharge and authenticated his own DA Form 20 which attested that he was not wounded and did not receive the Purple Heart.

4.  Based on the foregoing, there is insufficient evidence upon which to base award of the Purple Heart in this case.

5.  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.  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.   

6.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign unit awards.

7.  While the applicant was assigned to the 2nd Battalion of the 47th Infantry, the unit was cited for award of the Valorous Unit Award.  Therefore, his records will be amended to show this award.

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:

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, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Valorous Unit Award to item 24 of his DD Form 214.

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

BOARD VOTE:  

JNS____  REB_____  LF______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR2002079590	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030225	
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.