PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 February 2002
         DOCKET NUMBER: AR2002067054


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Barbara J. Ellis		Member
Mr. John E. Denning		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

3. The applicant states that he sustained a shrapnel wound to his left bicep caused by a grenade explosion on a personnel carrier around March 1970. At the time, he was serving in Chuci Tamin during the Monsoon season and was treated in the field and returned to duty. In support of his application, he submits a copy of his Department of Veterans Affairs (DVA) Rating Decision, dated 28 August 2001.

4. The applicant’s military records show that he was inducted in the Army on 29 January 1969. He successfully completed basic and advanced individual training and served in Vietnam from 29 June 1969 through 5 September 1970 as an infantryman. The applicant was honorably released from active duty on 5 September 1970 in the rank of specialist four (SP4).

5. The applicant’s DD Form 214, which was authenticated in his own hand at the time of his separation from the Service, does not show the Purple Heart as an authorized award.

6. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.
His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

7. The applicant provided a 28 August 2001 DVA Rating Decision which shows he received service connection for residuals of shrapnel wound to the left biceps. This rating decision makes reference to a VA Form 21-4138 (Statement in Support of Claim) received by their office on 6 March 2001. In his statement, the applicant reported that he was “hastily” treated for a shrapnel wound in the field by a medic and received no additional treatment during his military service. He stated that he was treated by a Dr. [physician’s name] at E.J. Noble Hospital between March and June 1971. It was noted that the records of treatment from Dr. [physician’s name] were not kept by the hospital. The DVA Rating Decision further states that the applicant’s service medical records from 26 January 1969 through 5 September 1970 were reviewed and they failed to show treatment or complaint for any left arm injury.

8. The Board noted that the applicant is entitled to award of the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Combat Infantryman Badge which are not shown on his discharge document.
9. The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal.

10. Army Regulation 600-8-22, Table B-1, shows the applicant is entitled to credit for participation in the Vietnam Summer-Fall 1969 Campaign, the Vietnam Winter-Spring 1970 Campaign, the DA Sanctuary Counteroffensive Campaign, and the Vietnam Counteroffensive, Phase VII Campaign for his tour in Vietnam.

11. 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, 4th Battalion, 23rd Infantry, of the 25th Infantry Division, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, 4th Battalion, 23rd Infantry, of the 25th Infantry Division, was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

13. The applicant was awarded the Combat Infantryman Badge by Headquarters, 25th Infantry Division Special Orders Number 252, dated 9 September 1969.

14. Army Regulation 600-8-22 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.

15. 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.

CONCLUSIONS:

1. The Board noted the applicant’s request for issuance of award of the Purple Heart for a shrapnel wound he sustained in his left bicep. However, there is no military medical record or other evidence in the applicant’s service personnel records which shows that he was wounded as a result of hostile action or was treated for wounds sustained as a result of hostile action.

2. The Board noted the DVA decision to award service connection for residuals of a shrapnel wound to the left bicep since the injury was established as directly related to military service. However, this decision is not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which shows the applicant was not wounded and did not receive the Purple Heart. The DVA stated there was no medical record of treatment of wounds and the applicant signed his own discharge and authenticated his own DA Form 20 which attested that he was not wounded and did not receive the Purple Heart.

3. Based on the foregoing, the Board determined that the available evidence is not sufficient to support award of the Purple Heart in this case.

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

5. While the applicant was assigned to the 4th Battalion, 23rd Infantry, of the 25th Infantry Division, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6. Orders show the applicant was awarded the Combat Infantryman Badge; therefore, his DD Form 214 will be amended to show this award.

7. 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:

a. by deleting the Vietnam Service Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and

b. by amending his DD Form 214 to show he was awarded the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Combat Infantryman Badge.

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

BOARD VOTE:

JNS____ BJE_____ JED_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067054
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020214
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.