PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 November 2002
         DOCKET NUMBER: AR2002070437


         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. Arthur A. Omartian		Chairperson
Mr. John P. Infante		Member
Ms. Regan K. Smith		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 (Report of Transfer or Discharge) with an effective date of 14 January 1973 to show award of the Purple Heart.

3. The applicant states that his DD Form 214 does not indicate the Purple Heart was awarded or authorized despite an injury he received as a result of hostilities in Vietnam. He claims, in effect, that during the third week of February 1969, while on duty, he sustained burns to his right arm. He contends that while his platoon was sweeping through Widow’s Village (a Vietnamese village) they discovered a suspected tunnel entrance. Following standard practice, he directed his platoon sergeant to toss a smoke grenade into the hole in order to locate other entrances or breathing holes by observing the colored smoke escaping from them. This smoke grenade triggered a booby trap made from a white phosphorous grenade. The resulting explosion “peppered” his right arm with burning phosphorous. He also contends that he was treated for these burns. In support of his application, he submits two letters, dated 3 October 2001 and 9 August 2001, from a Member of Congress; a letter, dated 26 July 2001, from the applicant to a Member of Congress; a copy of a DD Form 214 with an effective date of 14 January 1968; a DD Form 214 with an effective date of
14 January 1973; a DD Form 1577 (Authorization for Issuance of Awards), dated 30 August 1991; a letter, dated 28 October 1991; a personal account of his injury, dated 22 June 1990; and a Health Record, dated 21 February 1969.

4. The applicant’s military records show that he was inducted on 26 January 1967. He successfully completed basic combat training and advanced individual training in military occupational specialty 11F (infantry operations and intelligence specialist). He attended infantry officer candidate school and was honorably discharged on 14 January 1968 to accept a commission. He entered active duty on 15 January 1968 as a second lieutenant in the U.S. Army Reserve. He served as a platoon leader in Vietnam from 10 January 1969 through
14 December 1969. The applicant was released from active duty on 14 January 1973.

5. The applicant’s DD Form 214 with an effective date of 14 January 1973, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6. 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.

7. His DA Form 66 (Officer Qualification Record) does not reflect entitlement to the Purple Heart.

8. The applicant’s name does not appear on the Vietnam Casualty Roster.

9. Evidence of record shows that on 2 January 1973 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.

10. The historical files of the 552nd Military Police Company, II Field Force, located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to the award of the Purple Heart.

11. The historical files did contain a Duty Officer’s Log for the 552nd Military Police Company on 19 February 1969 which contains an entry pertaining to the notification of a possible tunnel in Widow’s Village. However, there is no evidence that the applicant or anyone was injured as a result of hostile action.

12. In support of his claim for award of the Purple Heart, the applicant submitted a Health Record, dated 21 February 1969, which shows he was treated for burns. However, there is no evidence that this injury was the result of hostile action in Vietnam.

13. 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 discharge document.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to 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. This award is not shown on his discharge document.

15. 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 considered the applicant’s contention that he sustained an injury as a result of hostilities in Vietnam. However, there is no evidence of record to support this contention.

2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds sustained as a result of hostile action in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

3. The applicant’s unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 with an effective date of 14 January 1973 to show these unit citations.

4. 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 Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on his DD Form 214 with an effective date of 14 January 1973.

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

BOARD VOTE:

AAO____ JPI_____ RKS_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070437
SUFFIX
RECON
DATE BOARDED	20021114
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.