PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            6 May 2003
	DOCKET NUMBER:   AR2002080568

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Larry C. Bergquist		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 report of separation (DD Form 214) be corrected to reflect his awards of the Purple Heart, the Army Commendation Medal (ARCOM) and his Certificate of Achievement. 

3.  The applicant states that he was hospitalized for injuries after his vehicle rolled over a mine or was shot by a rocket propelled grenade (RPG).  He further states that he lost his senses at the time but was subsequently awarded the Purple Heart while out in the jungle.  In support of his application he submits a copy of his ARCOM Citation, a copy of a Certificate of Achievement and a copy of a clinical record showing he was hospitalized.

4.  The applicant’s military records show that he enlisted in Puerto Rico on 29 July 1970, for a period of 3 years.  He successfully completed his training at Fort Jackson, South Carolina, and was transferred to Vietnam on 26 February 1971.  He was assigned to Company E, 1st Battalion, 502nd Infantry Regiment for duty as an infantry indirect fire crewman.

5.  His records show that he was initially treated at the 95th Evacuation Hospital in Vietnam and was transferred to the Army Hospital at Camp Zama, Japan, for treatment in the Ophthalmology Clinic.  He was treated for Post-Contusion of the left orbit with full recovery and with no signs of apparent ocular muscle abnormality.  He was returned to his unit on 29 March 1971.  He was advanced to the pay grade of E-4 on 20 July 1971 and continued to serve in Vietnam until 31 January 1972, when he was transferred to Fort Hood, Texas.

6.  On 30 May 1973, he underwent a medical/physical examination for the purpose of separation.  There is no indication in his separation physical examination, which indicates that he was injured or wounded as a result of enemy action or that he was treated for such.

7.  On 26 July 1973, he was honorably released from active duty (REFRAD) due to his expiration of term of service.  He had served 2 years, 11 months and 28 days of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM) and the Combat Infantryman Badge. 

8.  A review of the applicant's records show that orders were published on 12 July 1973 awarding him the GCMDL.  A review of unit records at the National Archives in College Park, Maryland, by a staff member of the Board, revealed a copy of orders awarding him the ARCOM as well as the recommendation; however, there was no evidence that the applicant was ever wounded/injured as a result of enemy action, that he was treated for such or that he was awarded the Purple Heart.  Additionally, a search of the Vietnam Casualty Files failed to reveal that he had been reported as a casualty. 

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for the period he was assigned.  Additionally, he participated in three campaigns, which entitles him to three bronze service stars for wear on his already awarded VSM. 

11.  Army Regulation 672-5-1, in effect at the time, provided the criteria for award of the Republic of Vietnam Campaign Medal (RVNCM).  It provides, in pertinent part, that the RVNCM was awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who served 6 months in Vietnam during the period of 1 March 1961 to 28 March 1973.

12.  Army Regulation 635-5 serves as the authority for proper preparation of the DD Form 214.  It provides, in pertinent part, that letters or Certificates of Achievement, Commendation or Appreciation are not authorized to be entered in the awards section of the DD Form 214.  Only those awards authorized to be displayed on the individual uniform and entered on the personnel qualification records are authorized for entry on the DD Form 214.

CONCLUSIONS:

1.  The Board has noted the applicant's contentions and supporting documents regarding his entitlement to the award of the Purple Heart; however, despite the fact that the evidence shows he was hospitalized for a contusion to the eye, it does not specify that he was injured as a result of enemy action.  Inasmuch as the Board has been unable to ascertain that he was reported as a casualty or to obtain information verifying the circumstances surrounding his injury, there appears to be no basis to award him the Purple Heart. 

2.  However, the Board has been able to determine that he was awarded the ARCOM and GCMDL and that they were not included on his DD Form 214 at the time of his REFRAD.  Accordingly, it would be in the interest of justice to do so at this time. 

3.  Additionally, the applicant is entitled to be awarded the RVNCM, the RVNGC w/Palm Unit Citation, and three bronze service stars for wear on his already awarded VSM.

4.  The Board has noted the applicant's contention regarding the entry of his Certificate of Achievement on his DD Form 214.  However, the applicable regulations does not provide for entry of such documents.  Accordingly, there is no basis to do so.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by showing that the individual concerned was awarded the ARCOM and GCMDL; and

b.  by awarding him the RVNGC w/Palm Unit Citation, the RVNCM and three bronze service stars for wear on his already awarded VSM.

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

BOARD VOTE:  

___lb ___  __lem___  __fe ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002080568	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  134	107.0088/RVNCM	
3.  140	107.0094/RVNGC	
4.  189	110.0000/CORR 214	
5.		
6.