PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 August 2002
         DOCKET NUMBER: AR2002074181


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Ms. Melinda M. Darby		Chairperson
Mr. Curtis L. Greenway		Member
Mr. Roger W. Able		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, in effect, award of the Purple Heart.

3. The applicant states that he was awarded the Purple Heart while in a military hospital in Japan. In support of his application, the applicant provided a copy of the Finding and Decision of the Board of Veterans Appeals, dated 20 April 1984. He also provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4. The applicant’s military records show that he was inducted on 26 March 1969 and completed training as combat engineer. He served in Vietnam from 3 September 1969 through 27 February 1970. The applicant was honorably separated from active duty on 25 March 1971.

5. The applicant’s DD Form 214 does not show the Purple Heart as an authorized award. There are no orders in the applicant’s service personnel records which show 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). The applicant’s name is not on the Vietnam Casualty Roster.

6. The applicant’s DA Form 20 shows that he was evacuated to the U.S. Army Hospital at Camp Zama, Japan, and to the Walter Reed Army Medical Center. However, there are no service medical records available to the Board which show the basis for his evacuation to or his treatment at these medical facilities.

7. The Finding and Decision of the Board of Veterans Appeals (Docket Number 82-13 966), dated 20 April 1984, states that the applicant was wounded in February 1970 as the result of proximity to the explosion of an enemy landmine. However, there is no indication in these proceedings that the applicant’s service medical records were available or the basis for this determination.

8. The Board noted that the applicant was eligible for award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Vietnam Campaign Medal with Device (1960).

9. 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, the 8th Engineer Battalion, was cited for award of the Meritorious Unit Commendation for actions during the period 1 September 1968 through 30 September 1969 by Department of the Army General Orders Number 50, dated 1979.

10. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to the 8th Engineer Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 11, dated 1973, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 42, dated 1972.

11. 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.

12. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal with Device (1960). This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

CONCLUSIONS:

1. The Board considered the applicant’s request for award of the Purple Heart.

2. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There are no service medical records available to the Board which show that the applicant was wounded as a result of hostile action or was treated for wounds as a result of hostile action.

3. There are no clinical medical records available to the Board which show why the applicant was evacuated from Vietnam and/or the basis of treatment in Japan or at Walter Reed Army Medical Center.

4. The Board also noted that the applicant authenticated his DD Form 214 at the time of his separation which does not show award of the Purple Heart and the applicant’s name was not listed on the Vietnam Casualty Roster.

5. The Board reviewed the Finding and Decision of the Board of Veterans Appeals Docket Number 82-13 966, dated 20 April 1984, in the applicant’s case. Although this document states that the applicant was wounded as a the result of an enemy mine explosion, there is no record of any service personnel or service medical record as a basis for this statement or for treatment by the Army. Therefore this document by itself is not a basis for award of the Purple Heart, particularly in view of the absence of any corroborating military records.

6. In the absence of orders showing award of the Purple Heart and in the absence of medical records showing the applicant was treated for wounds or injuries as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

7. Orders show the applicant was awarded the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Campaign Medal with Device (1960).

8. 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 the individual concerned was awarded the the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Campaign Medal with Device (1960).

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

BOARD VOTE:

__MMD__ __RWA__ __CLG__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Ms. Melinda M. Darby_
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002074181
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020822
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.