PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           12 March 2002                  
	DOCKET NUMBER:   AR2001063696

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Gail J. Wire		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 Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Purple Heart.

3.  The applicant states he would like his discharge corrected and was not aware that there was a time limitation.

4.  The applicant’s military records show that he entered active duty on 27 March 1968, completed basic combat training, advanced individual training (with award of the military occupational specialty of 11C (Infantry Indirect Fire Crewman)) and Basic Airborne Training.  His first duty assignment was with Company B, 8th Cavalry Regiment, 1st Airborne Cavalry Division in Vietnam.  He served in Vietnam from 27 November 1968 through 21 April 1969.  The applicant completed his service at Fort Benning, Georgia and was released from active duty with an honorable discharge on 30 March 1970.

5.  The applicant’s awards and decorations are listed on his DA Form 20 (Enlisted Qualification Record) and his DD Form 214 as the Air Medal, the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal, the Sharpshooter Qualification Badge with Rifle and Hand Grenade Bars and the National Defense Service Medal.

6.  The applicant’s DA Form 20 shows that he received a FW R-leg (fragment wound to the right leg) on 21 March 1969.

7.  The applicant’s record also contains a copy of the Headquarters, 12th Evacuation Hospital, General Orders Number 75 awarding him the Purple Heart for wounds received “in connection with military operations against a hostile force.”  The date of action is listed as 21 May 1969.

8.  Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973. 

9.  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.

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was wounded as a result of hostile action was awarded of the Purple Heart and that he served during the period of time for which the RVN Gallantry Cross with Palm Unit Citation was authorized.

2.  Neither of these awards are listed on the applicant’s DD Form 214.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct these errors.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected to list the Purple Heart and the RVN Gallantry Cross with Palm Unit Citation on his DD Form 214.

BOARD VOTE:  

__INW __  __RJW__  _GJW___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR2001063696	
SUFFIX		
RECON		
DATE BOARDED	20020312	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.