PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 May 2003         
	DOCKET NUMBER:   AR2002081681

	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. Wanda L. Waller		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 award of the Purple Heart.

3.  The applicant states that he was wounded in Vietnam.  He contends that he sustained a shrapnel wound to his left calf while on a mission to extract long range reconnaissance patrols from a hot landing zone. 

4.  The applicant’s military records show that he enlisted on 25 July 1967 for a period of 3 years.  He served as an aircraft maintenance crewman in Vietnam from 30 April 1968 through 22 September 1968 and was honorably discharged on 5 May 1969 for immediate reenlistment.  The applicant reenlisted on 6 May 1969 for a period of 6 years.  On 7 February 1972, the applicant was discharged under other than honorable conditions under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.  On 12 December 1979, the Army Discharge Review Board upgraded his discharge to under honorable conditions (a general discharge). 

5.  The applicant's DD Form 214 (Report of Transfer or Discharge) with an effective date of 5 May 1969 and his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 7 February 1972 do not show the Purple Heart as an authorized award.   

6.  There is no evidence in the applicant's service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.

8.  The applicant's name does not appear on the Vietnam Casualty Roster.

9.  The applicant's DD Forms 214 show the Vietnam Service Medal as an authorized award.  His records show that he participated in two campaigns during his assignment in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.  This award is not shown on his DD Forms 214.

11.  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.

12.  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 sustained a shrapnel wound to his left calf while on a mission to extract long range reconnaissance patrols from a hot landing zone. 

2.  There is no evidence in the applicant's service personnel records which shows that he was wounded or injured as a result of hostile action. 

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

4.  The applicant’s DD Forms 214 show the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two 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 two bronze service stars and correction of his military records to show these awards.   

5.  The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his military records to show this unit citation.

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 by showing that the individual concerned was awarded the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:  

FNE___  LEM_____  LCB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Fred N. Eichorn________
		        CHAIRPERSON

INDEX

CASE ID	AR2002081681	
SUFFIX		
RECON		
DATE BOARDED	20030506	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.