PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 May 2003        
	DOCKET NUMBER:   AR2002082734

	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. Raymond V. O'Connor		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Gail J. Wire		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, in effect, that he is entitled to the Purple Heart for wounds received in combat in Vietnam.  He contends that he spent three months in a hospital at Camp Zama, Japan, for a bullet wound.  In support of his application, he submits a letter, dated 14 October 2002, from the Disabled American Veterans; and two newspaper articles which indicate that he had been wounded in Vietnam.

4.  The Disabled American Veterans, as counsel for the applicant, was notified of the applicant's pending review by the Board; however, no brief was submitted. 

5.  The applicant’s military records show that he was inducted on 14 July 1965.  He served as a wheel vehicle repairman in Vietnam from 29 January 1966 through 29 June 1967 and was released from active duty on 30 June 1967.  He enlisted on 10 August 1967 and remained on active duty until he retired on 
31 May 1986 in the rank of staff sergeant.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows that he served a second tour in Vietnam from 9 September 1967 through 8 September 1968 and a third tour in Vietnam from 6 April 1969 through 31 March 1970.

7.  The applicant's DD Form 214 (Report of Transfer or Discharge) with effective date of 30 June 1967, which covers his first tour in Vietnam, does not show the Purple Heart as an authorized award. 

8.  The applicant's DD Form 214 (Report of Transfer or Discharge) with an effective date of 12 May 1970, which covers his second and third tours in Vietnam, does not show the Purple Heart as an authorized award. 

9.  The applicant's retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Purple Heart as an authorized award.

10.  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.

11.  The applicant's DA Form 2-1 does not show entitlement to the Purple Heart.

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

13.  Evidence of record shows that on 29 June 1967 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  He also underwent a separation physical examination on 8 May 1986 which makes no mention of any wounds sustained as a result of hostile action.

14.  In support of his claim for award of the Purple Heart, the applicant provided two newspaper articles which indicate that he was wounded in Vietnam.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned during his second tour in Vietnam, was cited for award of the Meritorious Unit Commendation for actions during the period 1 January 1967 to 31 December 1967 by Department of the Army General Orders Number 28, dated 1969.  The applicant’s unit was also cited for the Meritorious Unit Commendation for actions during the period 1 June 1969 to 31 May 1970 by Department of the Army General Orders Number 48, dated 1971.  These awards are not shown on his DD Form 214 with an effective date of 12 May 1970.   

16.  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 sustained a bullet wound in combat in Vietnam.   

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.  The Board reviewed the two newspaper articles provided by the applicant in support of his claim for award of the Purple Heart.  However, in the absence of orders or other evidence of record showing the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that these articles are not sufficient as a basis for 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 units received two awards of the Meritorious Unit Commendation during his second tour in Vietnam.  Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 12 May 1970 and his retirement DD Form 214 with an effective date of 31 May 1986 to show these unit 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 two awards of the Meritorious Unit Commendation on his DD Form 214 with an effective date of 12 May 1970 and his DD Form 214 with an effective date of 31 May 1986. 

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

BOARD VOTE:  

RVO___  SK______  GJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O'Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2002082734	
SUFFIX		
RECON		
DATE BOARDED	20030522	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0034	
3.		
4.		
5.		
6.