| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Raymond V. O’Connor | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Ms. Marla J. Troup | Member |
2. The applicant requests award of the Purple Heart.
3. The applicant states that he is entitled to the Purple Heart for wounds received in Vietnam. He contends, in effect, that when he was leaving Vietnam he was injured by mortar rounds and sustained a wound to his left cheek. In support of his application, he submits Department of Veterans Affairs (DVA) documentation, dated 18 April 2002 and 16 May 2002.
4. The applicant’s military records show that he was inducted on 4 February 1968. He served as an aircraft armorer, armorer/unit supply specialist and military policeman in Vietnam from 8 March 1969 through 27 January 1970. On 28 January 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve. He reenlisted on 28 October 1970, served as military policeman and armorer/unit supply specialist and was honorably discharged on 4 April 1974.
5. The applicant’s DD Form 214 with an effective date of 28 January 1970 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 20 (Enlisted Qualification) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant’s name does not appear on the Vietnam Casualty Roster.
8. Evidence of record shows that on 28 January 1970 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.
9. In support of his claim for award of the Purple Heart, the applicant provided DVA documentation which shows that the DVA determined that his facial scars were service connected (rated 30 percent).
10. The applicant’s DD Form 214 with an effective date of 28 January 1970 shows the Vietnam Service Medal. His records show that he participated in three campaigns during his assignment 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, was cited for award of the Meritorious Unit Commendation for actions during the period 16 February 1969 to 28 February 1970 by Department of the Army General Orders Number 2, dated 1971. This award is not shown on his discharge document.
12. 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.
13. 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.
14. 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 contention that he is entitled to the Purple Heart for wounds received in Vietnam.
2. There is no evidence in the applicant’s service personnel records which shows that he was wounded or injured as a result of hostile action in Vietnam.
3. The applicant signed his discharge document on 28 January 1970 attesting to the fact that he was not entitled to award of the Purple Heart.
4. The preponderance of evidence in this case shows the applicant was not wounded or otherwise eligible for award of the Purple Heart.
5. The Board also noted the DVA documentation provided which shows service connection for facial scars. However, this documentation 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.
6. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.
7. The applicant’s DD Form 214 with an effective date of 28 January 1970 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three 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 three bronze service stars and correction of his DD Form 214 with an effective date of 28 January 1970 to show these awards.
8. The applicant’s unit received the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm 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 28 January 1970 to show these unit awards.
9. 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 Vietnam Service Medal with three bronze service stars, the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation on his DD Form 214 with an effective date of 28 January 1970.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
RVO____ AAO___ MJT_____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_Raymond V. O’Connor_
CHAIRPERSON
| CASE ID | AR2002078232 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030116 |
| 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. |
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