PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 February 2003   
	DOCKET NUMBER:   AR2002075744

	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. John N. Slone		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Lawrence Foster		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 retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart.

3.  The applicant states that he was wounded on 6 November 1966 while in direct combat with the enemy.  He contends that he received small pinpricks of shrapnel to the hands and a small metallic object in his left eye after he was blown from his feet by an enemy hand grenade.  He also contends that under the circumstances there is no way that he could have escaped the grenade explosion without sustaining wounds to his hands, face and a concussion from the explosion.  In support of his application, he submits a letter of explanation, dated 13 June 2002, and an unofficial citation for the Medal of Honor. 

4.  The applicant’s military records show that he entered active duty on 
11 January 1966.  He remained on active duty through continuous reenlistments until he retired on 31 October 1989 in the rank of master sergeant.

5.  The applicant's retirement DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 

6.  There is no evidence in the applicant's service personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.

8.  The applicant's name does not appear on the Vietnam Casualty Roster.

9.  The historical files of Company A, 2nd Battalion, 27th Infantry, 25th Infantry Division located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Purple Heart.

10.  There are no medical records in the available records.

11.  The applicant's service personnel records contain Department of the Army General Orders Number 24, dated 13 June 1968, which award the applicant the Medal of Honor.  The citation states, in pertinent part, "Moving to attack two additional enemy bunkers, he [the applicant] and another soldier drew intense enemy fire and [the applicant] was blown from his feet by an enemy grenade.  He quickly recovered and singlehandedly destroyed one bunker before the other soldier was wounded.  Seizing his fallen comrade's machinegun, [the applicant ] charged through the deadly fusillade to silence the other bunker.  He evacuated his comrade, replenished his ammunition and returned to the forefront to brave the enemy fire and continued the fight.  When the forward element was ordered to withdraw, he carried one wounded man to the rear.  As he returned to evacuate another soldier, he was taken under fire by snipers, but raced beyond the friendly troops to attack and kill the snipers.  After evacuating the wounded man, he returned to cover the deployment of the unit.  His ammunition now exhausted, he dragged two more of his fallen comrades to the rear."

12.  The applicant's retirement DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he served in Vietnam from
4 August 1966 through 31 July 1967 and participated in two campaigns.

13.  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.

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.

CONCLUSIONS:

1.  The Board considered the applicant's contention that he received small pinpricks of shrapnel to the hands and a small metallic object in his left eye after he was blown from his feet by an enemy hand grenade.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.   

2.  The evidence of record does not support the applicant's contention that under the circumstances there is no way that he could have escaped the grenade explosion without sustaining wounds to his hands, face and a concussion.  The citation for award of the Medal of Honor states the applicant "quickly recovered" after being blown from his feet by an enemy grenade.  The citation also describes how the applicant continued to perform numerous acts of heroism and extraordinary gallantry.

3.  There is no evidence in the applicant's service personnel records which shows that he was wounded or treated for wounds sustained as a result of hostile action in Vietnam.

4.  Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.    

5.  The applicant’s retirement DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his retirement DD Form 214 to show these awards.   

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Vietnam Service Medal with two bronze service stars.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

JNS____  REB____  LF______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_John N. Slone_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002075744	
SUFFIX		
RECON		
DATE BOARDED	20030225	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0073	
3.		
4.		
5.		
6.