PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 August 2003      
	DOCKET NUMBER:   AR2002082794

	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. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Mae M. Bullock		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 never awarded the Purple Heart for his right hand/index finger wound he sustained on 13 September 1968 during his tour in Vietnam.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge) and DA Form 20 (Enlisted Qualification Record).

4.  The applicant’s military records show that he was inducted on 16 October 1967.  He served as an infantryman assigned to Company C, 1st Battalion, 
28th Infantry, 1st Infantry Division in Vietnam from 28 March 1968 through 
21 March 1969 and was released from active duty on 15 October 1969. 

5.  The applicant's DD Form 214 shows the Vietnam Service Medal with three bronze service stars, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge and the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards. 

6.  There are no orders for the Purple Heart in the applicant's service personnel records.  However, item 40 (Wounds) on his DA Form 20 shows he sustained a shrapnel wound to his index finger on his right hand on 13 September 1968.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant's unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

8.  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.

CONCLUSIONS:

1.  The Board finds the entry in item 40 on the applicant's DA Form 20 sufficient as a basis for award of the Purple Heart in this case.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.  

2.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant's DD Form 214 should be corrected to show this unit citation.

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

RECOMMENDATION:

1.  That the applicant be awarded the Purple Heart for wounds received in action on 13 September 1968 in Vietnam.

2.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Purple Heart and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

AAO____  TBR___  MMB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2002082794	
SUFFIX		
RECON		
DATE BOARDED	20030807	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0095	
3.		
4.		
5.		
6.