PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 October 2002    
	DOCKET NUMBER:   AR2002076698

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Lutz		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 injured in “Plae Ku” at Camp Holloway in 1970, that he was treated at Camp Holloway for his wounds and that he never received the Purple Heart.

4.  The applicant’s military records show that he enlisted on 18 February 1969 for a period of 2 years.  He served as a helicopter repairman in Vietnam from 
16 September 1969 through 11 September 1970 and was honorably released from active duty on 12 September 1970. 

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge), 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.  His 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.  The applicant’s name does not appear on the Vietnam Casualty Roster.

8.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in four campaigns during his assignment in Vietnam.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 11, dated 1973.  This award is not shown on his discharge document.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant 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 5, dated 1973.  This award is not shown on his discharge document.

11.  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 noted the applicant’s contention that he was injured in Vietnam in 1970.  However, there is no evidence of record to support this contention.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds sustained as a result of hostile action in Vietnam.  

3.  The applicant signed his DD Form 214 on 12 September 1970 attesting to the fact that he was not entitled to award of the Purple Heart.  

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 DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in four campaigns during his assignment in Vietnam which are not correctly shown by award of four 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 four bronze service stars and correction of his DD Form 214 to show these awards.   

6.  The applicant’s unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit citations.

7.  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 four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

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

BOARD VOTE:  

KAK____  TAP____  BJL_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Karol A. Kennedy____
		        CHAIRPERSON

INDEX

CASE ID	AR2002076698	
SUFFIX		
RECON		
DATE BOARDED	20021029	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.