PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            29 April 2003
	DOCKET NUMBER:   AR2002078547

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Bernard P. Ingold		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 that he be awarded the Purple Heart.

3.  The applicant states that he was wounded in Vietnam and was treated for a flesh wound to the leg, which was inflicted by a bullet.  He goes on to state that he was presented with a Purple Heart but it was never entered on his report of separation (DD Form 214).

4.  The applicant’s military records show that he was initially inducted in Buffalo, New York, on 10 April 1970 and on 16 April 1970, while at Fort Dix, New Jersey, he enlisted in the Regular Army for a period of 3 years and training as a helicopter repairman.  He completed his basic combat training at Fort Dix and was transferred to Fort Eustis, Virginia, to undergo his advanced individual training (AIT).

5.  Upon completion of his AIT, he was transferred to Vietnam on 8 October 1970, where he was assigned to the 175th Aviation Company for duty as a helicopter repairman.  He was advanced to the pay grade of E-4 on 2 September 1970.  He remained in Vietnam until 7 October 1971, when he was transferred to Fort Carson, Colorado.

6.  On 28 December 1971, the applicant submitted a request to be released from active duty under Department of the Army Phase Down Release Programs which provided a means by which members on active duty separating before their expiration of term of service (ETS) could request assignment to a United States Army Reserve (USAR) Troop Program Unit.  His request was approved and he was honorably released from active duty on 10 January 1972 and was transferred to the USAR.  He had served 1 year, 8 months and 24 days of total active service and had 7 days of lost time due to being absent without leave (AWOL).  He was awarded the National Defense Service Medal, the Aircraft Crewman Badge, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal (VSM) and the Air Medal.

7.  A review of the available records fails to show any indication that the applicant was wounded or injured.  Additionally, no information was found in unit records located at the National Archives in College Park, Maryland and his name is not on the Vietnam Casualty Listing.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for the period the applicant was assigned.  

CONCLUSIONS:

1.  The applicant has failed to show through the evidence submitted or the evidence of record that he was wounded in action in Vietnam and that the treatment of that wound was made a matter of record.  Accordingly, lacking evidence to the contrary, the Board finds no basis to award him the Purple Heart.

2.  However, the applicant's unit was subsequently awarded the RVNGC w/Palm Unit Citation and therefore he is entitled to be awarded it at this time.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the RVNGC w/Palm Unit Citation.

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

BOARD VOTE:  

___js____  __bpi ___  ___tl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2002078547	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/04/29	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  140	107.0094/RVNGC	
3.		
4.		
5.		
6.