ABCMR Proceedings (cont)                                                        AR2002078544

PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           13 March 2003      
	DOCKET NUMBER:   AR2002078544

	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. Thomas A. Pagan | | Chairperson
| Mr. Roger W. Able | | Member
| Mr. John A. Kelley | | 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 (Report of Transfer or Discharge) to show award of the Purple Heart. 

3.  The applicant states, in effect, that he was injured when his bunker collapsed due to heavy enemy artillery in Vietnam in 1968.  He contends that a metal stake used to support sand bags stuck into his right foot, that a metal stake was driven into his stomach and that he received a superficial wound to his left leg.  He states that he was taken by helicopter to the forward aid station and was later transported to the evacuation hospital.  In support of his application, he submits a letter of explanation, dated 4 January 2002.    

4.  The applicant’s military records show that he enlisted on 30 June 1967 for a period of 3 years.  He served as a cook and was honorably discharged on 
8 August 1968 for immediate reenlistment.  He reenlisted on 9 August 1968 for a period of 3 years.  He served as a cook in Vietnam from 4 October 1968 through 20 August 1969 and was honorably released from active duty on 8 August 1971.

5.  The applicant's DD Form 214 with an effective date of 8 August 1971 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.  Evidence of record shows that on 18 May 1971 the applicant underwent a separation physical examination and was found qualified for separation with a physical profile of 111111.  The Board notes that item 73 (Notes (Continued) and Significant or Interval History) on the applicant's Standard Form 88 (Report of Medical Examination) states, in pertinent part, "I have a bad right foot from a wound I received in Vietnam.  Stomach trouble which we haven't been able to find out what it is."  Item 31 (Have You Had, Or Have You Been Advised to Have, Any Operations?) on the applicant's Standard Form 89 (Report of Medical History) states, in pertinent part, "I had a operation on my right foot from the wound I received in Vietnam."  Item 39 (Physician's Summary and Elaboration of all Pertinent Data) on this Standard Form 89 states, in pertinent part, "Was hit by stake on R [right] foot in RVN [Vietnam]."  However, there is no evidence that this injury was the result of hostile action.              

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

11.  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 56, dated 1969.  This award is not shown on his DD Form 214.

12.  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 42, dated 1972.  This award is not shown on his DD Form 214.

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 injured his right foot and stomach when his bunker collapsed due to heavy enemy artillery in Vietnam in 1968.  

2.  The Board also reviewed the applicant's separation examination wherein he reported that he was hit by a stake on his right foot in Vietnam, that he had an operation on this foot and that he experienced stomach trouble.  However, there is no evidence that his foot injury or stomach condition was the result of hostile action in Vietnam. 

3.  The applicant signed his DD Form 214 on 8 August 1971 attesting to the fact that he was not entitled to award of the Purple Heart.

4.  The preponderance of evidence in this case shows the applicant was not wounded or otherwise eligible for award of the Purple Heart.

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

6.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows he 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, 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.   

7.  The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these unit citations.

8.  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, 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:  

TAP____  RWA____  JAK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Thomas A. Pagan_
		        CHAIRPERSON

INDEX

CASE ID | AR2002078544
SUFFIX |
RECON |
DATE BOARDED | 13 March 2003
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. |