PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 May 2003         
	DOCKET NUMBER:   AR2002082203

	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. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Larry C. Bergquist		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 in the summer of 1968, during a mortar and rocket attack, the supply sergeant trampled his left foot while evacuating the tent.  He contends that his little toe was broken, that he received medical treatment (taped toe) and that the medic told him that he would post this entry to his medical records.  He states that he recently found out that this incident was never entered into his medical records when the Veterans Affairs denied his claim for a foot problem because there is no evidence to show that it was service related.  He states that this entry should have been made in his medical records and that he should have received a Purple Heart for being injured as a direct result of an enemy attack.  In support of his application, he submits a letter of explanation, dated 25 October 2002.  

4.  The applicant’s military records show that he served in the U.S. Navy from 
8 July 1955 through 12 June 1959 and served in the U.S. Naval Reserve from 
13 June 1959 through 20 September 1960.  He enlisted in the Regular Army on 21 September 1960 and remained on active duty through continuous reenlistments until he retired on 30 September 1983 in the rank of master sergeant.  

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 14 January 1968 through 10 January 1969.

6.  The applicant's DD Forms 214 (Report of Transfer or Discharge) covering the periods 1 November 1962 through 31 October 1968 and 1 November 1968 through 18 September 1972, which were authenticated in his own hand, do not show the Purple Heart as an authorized award.
 
7.  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 in Vietnam.

8.  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.

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

10.  The applicant's DD Form 214 with an effective date of 31 October 1968 shows the Vietnam Service Medal as an authorized award.  His records show that he participated in five 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 8, dated 1974.  This award is not shown on his DD Forms 214 with effective dates of 31 October 1968 or 
18 September 1972.

12.  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.

13.  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.  Regulation states, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

CONCLUSIONS:

1.  The Board considered the applicant's contention that he should have received a Purple Heart for being injured as a direct result of an enemy attack.  However, the applicant has provided no evidence to support this contention.  

2.  There is no evidence in the applicant's service personnel records which shows that he was wounded or injured as a result of hostile action in Vietnam.

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

4.  The applicant’s DD Form 214 with an effective date of 31 October 1968 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in five campaigns during his assignment in Vietnam which are not correctly shown by award of one silver service star for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with one silver bronze service stars and correction of his military records to show these awards.   

5.  The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his military records to show this unit citation.    

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 one silver service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:  

FNE___  LEM____  LCB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002082203	
SUFFIX		
RECON		
DATE BOARDED	20030506	
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.