PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 March 2002
         DOCKET NUMBER: AR2001064623


         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. William Blakely		Analyst

The following members, a quorum, were present:

Ms. Shirley L. Powell		Chairperson
Mr. Stanley Kelley		Member
Mr. Elzey J. Arledge, Jr.		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.

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2. The applicant requests, in effect, that his military records be corrected to show his correct date of birth (DOB) and that he was awarded the Purple Heart (PH).

3. The applicant states, in effect, that the DOB entered in his separation document (DD Form 214) is incorrect. In addition, he states that his DD Form 214 does not include the PH he earned for a hearing deficit caused by a sapper attack in the Republic of Vietnam (RVN) on 27 July 1971. In support of his application, he provides a copy of his certificate of birth, his separation document, and associated medical records of treatment.

4. The applicant’s military records show that on 18 February 1970, he enlisted in the Regular Army for 3 years. He successfully completed training and was awarded military occupational specialty (MOS) 11D (Scout Observer). He continuously served on active duty until 19 March 1972, at which time he honorably separated after completing a total of 2 years and 7 days of active military service.

5. The enlistment contract (DD Form 4) and all the other documents prepared on the applicant upon his entry into the Army and on active duty all list his DOB as 28 January 1953.

6. The applicant’s Enlisted Qualification Record (DA Form 20) confirms the highest rank he attained while on active duty was private first class/E-3
(PFC/E-3). It also verifies that he served in the RVN from 27 June 1971 to
26 June 1972, and participated in 2 campaigns during his assignment there. Item 40 (Wounds) of this record contains no entry, which would indicate he was not wounded in action during his active duty tenure.

7. Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not include the PH in the awards listed. However, it does show that he earned the following awards during his active duty tenure: National Defense Service Medal; Vietnam Service Medal with 2 bronze service stars; and RVN Campaign Medal with 60 Device.

8. The DD Form 214 issued to and authenticated by the applicant with his signature on the date of his separation, 26 April 1967, contains the entry “28 Jan 52” in item 9 (Date of Birth). Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this separation document lists the same awards contained in his DA Form 20 and also does not include the PH in this list of awards he earned during his active duty tenure.

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9. The Report of Medical Examination (SF 88) on file, dated 18 March 1972, that documents the applicant’s separation physical examination contains no entries that indicate that he was ever wounded or injured in action. Item 72 (Notes) contains the entry “I’m in great health”, which is signed by the applicant. Item 74 (Summary of Defects) is blank and item 77 (Examinee) indicates the applicant was medically cleared for separation by the attending physician. The medical treatment records provided by the applicant show that he was twice treated for a sore ear at the 93^rd Medical Detachment, RVN; however, they give no indication this condition was received as a result of enemy action.

10. The copy of the birth certificate provided by the applicant confirms that his date of birth was 28 January 1953, which coincides with the documents prepared on him during his enlistment processing.

11. The applicant previously submitted a request to this Board to have his military records show that he received a field award of the PH in January 1972, while serving in the RVN when he broke his ankle during an attack on the airfield that he was assigned to. This request was denied on 21 February 1996.

12. Army Regulation 600-8-22 (Military Awards) prescribes the Army’s policy on awards. It states, in pertinent part, that the Purple Heart (PH) 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 required medical treatment, and this medical treatment must have been made a matter of official record.

13. Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1. By regulation, in order to award the PH an individual must have sustained a wound or injury in action, the wound or injury must have been treated by military medical personnel. The medical evidence of record and the medical documents provided by the applicant do not satisfy the evidentiary burden of proof required by the regulation. The documents provided by the applicant only show that he was twice treated for a non-battle related ear injury and the separation medical examination, dated 18 March 1972, gives no indication that he was ever wounded or injured in action. Therefore, the Board finds insufficient evidence to support his PH entitlement claim and it is compelled to deny the requested relief.

2. The Board does find sufficient evidence supporting the applicant’s contention that the DOB entered in his separation document was incorrect. The certificate of birth provided by the applicant, which contains the DOB 28 January 1953 is corroborated by the enlistment contract and other documents prepared on the applicant during his enlistment processing. Therefore, the Boards finds the DOB entered in his DD Form 214 is incorrect and it concludes that it would be appropriate to correct it at this time.

3. In addition, the Board finds that the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on his service in the RVN, and it concludes that it would also be appropriate to add this award to his record at this time.

4. 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 for the individual concerned be corrected by showing his DOB as 28 January 1953; by showing he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that reflects these changes.

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

BOARD VOTE:

__SLP__ __SK __ __EJA___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Shirley L. Powell__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064623
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/03/19
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(Partial Relief)
REVIEW AUTHORITY
ISSUES 1.	107.0046
2.
3.
4.
5.
6.