PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            12 JUNE 2003                  
	DOCKET NUMBER:   AR2002080857

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Eloise C. Prendergast		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 record be corrected to show award of the Purple Heart and the Air Medal with oak leaf cluster. 

3.  The applicant states that he was wounded on the left arm on 4 July 1968 while in Vietnam.  His arm was treated and he was sent back to his unit. 

4.  The applicant’s military records show that he enlisted in the Army for three years on 15 November 1966.  He completed basic, advanced, and airborne training, and in June 1967 was assigned to Company D, 3d Battalion (Airborne) of the 187th Infantry at Fort Campbell, Kentucky.  In December 1967 he transferred with his unit to Vietnam.  He returned to the United States and in January 1969 was assigned to Fort Bragg, North Carolina.  He participated in four campaigns during his tour in Vietnam.  The 3d Battalion of the 187th was awarded the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, while the applicant was assigned to that unit.

5.  Orders contained in the applicant's records show, in addition to those awards reflected on his DD Form 214 (Report of Transfer), that he was awarded the Army Commendation Medal, the Air Medal with first oak leaf cluster, and the Good Conduct Medal.  There are no orders showing award of the Purple Heart.  His DD Form 214 does not show that award.  Additionally, his DA Form 20, Enlisted Personnel Record, does not reflect award of the Purple Heart, nor does it show that he was wounded in action.       

6.  The applicant's DA Form 20 does show that he was awarded the Sharpshooter Marksmanship Qualification Badge with rifle bar. 

7.  The applicant fractured his right ankle on 17 March 1969 during a parachute jump while on TDY in Korea.  He was determined to be physically unfit for military service and was discharged because of his disability on 3 June 1970.

8.  The historical files of the 3d Battalion, 187th Infantry at the National Archives at College Park, Maryland, were reviewed.  The files failed to show that the applicant was entitled to award of the Purple Heart.  The 3d Battalion's daily staff journal does indicate that a soldier of Company D was slightly injured by shrapnel on 4 July 1968, but that journal failed to identify the soldier. 

9.  The Vietnam Casualty Roster maintained by this agency did not show that the applicant was wounded in action.

10.  Army Regulation 600-8-22 provides 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 is no evidence and the applicant has not provided any, to show that he was wounded in action.  Notwithstanding the 3d Battalion's journal of 4 July 1968, there is insufficient evidence to grant his request for award of the Purple Heart.

2.  The applicant was awarded the Air Medal with first oak leaf cluster.  He was also awarded the Army Commendation Medal and the Good Conduct Medal.  Those awards should be reflected on his DD Form 214.  

3.  The applicant qualified as a sharpshooter with the rifle.  The award reflecting his qualification with the rifle should be shown on his DD Form 214.

4.  He participated in four campaigns during his tour in Vietnam.  His DD Form 214 should show award of the Vietnam Service Medal with four bronze service stars (one for each campaign).

5.  The applicant is entitled to award of the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

6.  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 by showing that the individual concerned was awarded the Air Medal with first oak leaf cluster, the Army Commendation Medal, the Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with rifle bar, the Vietnam Service Medal with four bronze service stars, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.   

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

BOARD VOTE:  

__RVO__  __JPI ___  __ECP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2002080857	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030612	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.