PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                27 August 2002
	DOCKET NUMBER:       AR2002075299

	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:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas Lanyi 		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

3.  The applicant states that he got "hit" on 22 March 1969 and did not receive the Purple Heart.

4.  The applicant’s military records show that he was inducted in the Army on 11 April 1968.  He served as an infantryman in Vietnam from 17 September 1968 through 29 March 1969 and was honorably released from active duty on 14 April 1970.  His DD Form 214 does not show entitlement to the Purple Heart.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he sustained fragment wounds to both of his legs on 22 March 1969.  

6.  The Board noted that the applicant is entitled to the Vietnam Service Medal with three bronze service stars, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his discharge document.

7.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal.  Appendix B of Army Regulation 600-8-22 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.

8.  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 3rd Battalion, 47th Infantry, the unit was cited for award of the Meritorious Unit Commendation for actions during the period 1 January to 31 December 1968 by Department of the Army General Orders (DAGO) Number 36, dated 1970.

9.  Department of the Army Pamphlet 672-3 also shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 31, dated 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 59, dated 1969.

10.  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 applicant's Enlisted Qualification Record shows he sustained fragment wounds to both of his legs on 22 March 1969 as a result of hostile action.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show the Purple Heart.

2.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal.  However, evidence of record shows he participated in three campaigns in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.   

3.  Orders show the applicant was awarded the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class.  Therefore, he is entitled to correction of his records to show these awards.

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 deleting the Vietnam Service Medal from the individual concerned DD Form 214; and 

b.  by showing he was awarded the Purple Heart, the Vietnam Service Medal with three bronze service stars, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class.  

BOARD VOTE:  

INW_____  TL______  AAO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR2002075299	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020827	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.