PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            12 March 2002
	DOCKET NUMBER:   AR2001064879

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Gil 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 award of the Purple Heart.

3.  The applicant states that he was on an armored personnel carrier which hit a land mine and that, as a result, he sustained in an injury to his right foot.  In support of his application, he submitted two letters from the American Legion, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and a copy of a Standard Form 600 (Chronological Record of Medical Care).

4.  The American Legion, as counsel for the applicant, provided a written opinion which supports the applicant’s request and points out the medical documentation which shows that he was wounded in action.  The opinion noted the presence of a Standard Form 600 and separation medical examination in his records which describe the wounds sustained in Vietnam from a mine explosion.

5.  The applicant’s military records show that he was inducted on 5 April 1968 and completed training as an infantryman.  He served in Vietnam from 11 September 1968 through 2 September 1969 and was honorably separated from active duty on 3 April 1970.

6.  The applicant’s DD From 214 does not show the Purple Heart as an authorized award.  The Board also noted that the applicant’s DD Form 214 does not show award of the Bronze Star Medal and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to which he is entitled.

7.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

8.  The applicant submitted a copy of a Standard From 600 which shows that he was treated at Company D, 1st Medical Battalion, on 29 March 1969 for an injury to his right foot sustained when the track vehicle on which he was riding hit a land mine.  This record also shows that the applicant was discharged on 2 April 1969 with limited duty until 15 April 1969.  All entries on this medical record were authenticated by a medical officer in the grade of captain.

9.  The applicant’s service personnel records contain a copy of his separation medical examination, dated 18 February 1970, which shows he was evaluated by the examining physician for a right foot injury sustained in Vietnam due to a land mine explosion.  

10.  The applicant’s service personnel records contain a copy of 1st Infantry Division General Orders Number 9222, dated 25 August 1969, which awarded the applicant the Bronze Star Medal for meritorious service during the period September 1968 through September 1969.

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 1st Battalion 18th Infantry, this 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 53, dated 1970.

12.  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.  There is no evidence of record which shows that the applicant was awarded the Purple Heart.  However, medical evidence of record shows that the applicant was treated for injuries sustained when an armored personnel carrier on which he was riding struck a land mine in Vietnam on 29 March 1969.  The Board determined that this evidence was sufficient for award of the Purple Heart in this case.

2.  Orders show the applicant was awarded the Bronze Star Medal for his service in Vietnam, but this decoration is not shown on his DD Form 214.  Therefore, the applicant is entitled to correction of his records to show this decoration.

3.  Orders show the applicant was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, but this foreign unit award is not shown on his DD Form 214.  Therefore, the applicant is entitled to correction of his records to show this foreign unit award.

4.  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:

	a.  by awarding the individual concerned the Purple Heart for wounds sustained as a result of hostile action in Vietnam on 29 March 1969;

	b.  by correcting his records to show award of the Bronze Star Medal; and

	c.  by correcting his records to show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

__INW___  __GJW__  __RJW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Ms. Irene N. Wheelwright_
		        CHAIRPERSON

INDEX

CASE ID	AR2001064879	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020312	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.