PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:               29 April 2003 
	DOCKET NUMBER:      AR2002081757

	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. Thomas Lanyi		Member	
	Mr. Bernard P. Ingold		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 injured during a rocket attack at Bien Hoa Air Base in South Vietnam on 12 December 1969.  He claims that he was treated at the 25th Medical Detachment and was returned to duty.  He states that he never turned in his DD Form 1380 (U.S. Field Medical Card).  As a result, he was never awarded his Purple Heart and it was never reflected on his DD Form 214.  In support of his application, he submitted a supplemental letter, a copy of his DD Form 1380, and two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show that he served as an enlisted soldier in the Regular Army from 24 March 1966 to 30 January 1967.  He was appointed as a Reserve commissioned officer on 31 January 1967 in the rank of second lieutenant.  He served in U.S. Army Europe from 17 April 1967 through 3 March 1969 and in Vietnam from 5 April 1969 through 30 January 1970.  The applicant was honorably released from active duty on 30 January 1970.

5.  The applicant's service personnel records contain two DD Forms 214.  His DD Form 214, which covers his Vietnam service, does not show the Purple Heart as an authorized award.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  

6.  The applicant provided a copy of a DD Form 1380 prepared by a medical officer on 12 December 1969.  This document shows he sustained multiple lacerations to his right hand and arm as a result of enemy action on 12 December 1969.

7.  The Board noted that the applicant 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 Meritorious Unit Commendation which are not shown on his discharge documents.

8.  The applicant's DD Form 214, which covers his Vietnam service, shows the Vietnam Service Medal as an authorized award.

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.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Headquarters Department of the Army General Orders Number 8, dated 1974.
11.  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 54th Artillery Group, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 51, dated 1971.

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 54th Artillery Group, it was cited for award of the Meritorious Unit Commendation for actions during the period 25 January 1968 to 31 August 1969 by Headquarters Department of the Army General Orders Number 39, dated 1970.

13.  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.

14.  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.  Army Regulation 600-8-22 provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1.  There are no orders available to the Board which authorize award of the Purple Heart to the applicant.  

2.  However, the applicant has provided a copy of a DD Form 1380 (U.S. Field Medical Card) which is authenticated by a medical officer and shows the applicant sustained multiple lacerations to his right hand and arm on 12 December 1969 as a result of hostile action in Vietnam.  

3.  Upon review of the medical document, the Board has determined that this evidence is sufficient as a basis for award of the Purple Heart.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show award of the Purple Heart.

4.  The applicant’s DD Form 214 which covers his Vietnam service 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.   

5.  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.

6.  While the applicant was assigned to the 54th Artillery Group in Vietnam, this unit was cited for award of the Meritorious Unit Commendation.  Therefore, his records will be amended to show this award.

7.  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 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 Meritorious Unit Commendation.

BOARD VOTE:  

JNS_____  TL______  BPI_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR2002081757	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030429	
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.