| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. George D. Paxson | Member | |
| Mr. Charles Gainor | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart (PH).
APPLICANT STATES: He sustained shell fragment wounds in Vietnam. However, since he was attached to a unit in Vietnam, the paperwork concerning his wound was not expeditiously forwarded, resulting in his not receiving that decoration.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on active duty on 27 August 1965, was awarded the military occupational specialty of medical specialist, and was promoted to pay
grade E-5. He served in Vietnam from 21 January 1966 to 10 January 1967, being assigned to an engineer battalion as an aid station attendant and then a company aid man.
On 20 July 1967 the applicant was given a separation physical examination. Shrapnel wounds to his left upper arm and right lower leg were noted.
On 9 August 1967 General Orders Number 114 were published awarding the applicant the Good Conduct Medal (GCM).
On 5 September 1967 the applicant was honorably released from active duty. His separation documents show that he was awarded the Vietnam Service Medal, the National Defense Service Medal, and the Vietnam Campaign Medal.
The applicant’s DA Form 20, Enlisted Qualification Record, Item 40, Wounds, is blank.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.
Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
DA Pamphlet 672-3 shows that the applicant’s battalion was awarded the Meritorious Unit Commendation while he was assigned to that command. This pamphlet also shows that the applicant served in Vietnam during the Vietnam Counteroffensive and the Vietnam Counteroffensive, Phase II.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. While the applicant’s separation physical examination shows that he had sustained fragment wounds, there is no indication that those wounds were the result of hostile action, that those wounds required treatment by a medical officer, and the medical treatment for those wounds were made a matter of official record. As such, there is no basis to award the applicant the PH.
2. However, the applicant is entitled to be awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and two bronze service stars added to his Vietnam Service Medal, and to have those awards, along with the Meritorious Unit Commendation and his GCM, added to his DD Form 214. However, these are administrative matters and do not require the authority of the Board to accomplish.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The Army Review Boards Agency, St. Louis, Missouri, will be requested to award the applicant the Republic of Vietnam Gallantry Cross Unit Citation with Palm and two bronze service stars to his Vietnam Service Medal, and to issue him an amendment to his DD Form 214 which reflects these awards along with the Meritorious Unit Commendation and his GCM.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___gdp__ ___cg ___ ___jhl ___ DENY APPLICATION
| CASE ID | AR |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020425 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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