PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 April 2003
         DOCKET NUMBER: AR2002080414


         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. John N. Slone		Chairperson
Mr. Thomas Lanyi		Member
Mr. Bernard P. Ingold		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 31 March 1969 to show award of the Purple Heart.

3. The applicant states that his knee was injured during a helicopter insertion in Vietnam under enemy fire. He contends that he was not wounded but injured exiting the helicopter and that he was evacuated to Japan. In support of his application, he submits a copy of his DD Form 214 with an effective date of
31 March 1969.

4. The applicant’s military records show that he retired on 31 March 1969 in the rank of sergeant first class after completing over 20 years of service. The applicant was subsequently recalled to active duty during the period 1 November 1969 through 31 August 1973.

5. The applicant's DD Form 214 with an effective date of 31 March 1969 does not show the Purple Heart as an authorized award.

6. There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.

7. The applicant's DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.

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

9. Evidence of record shows that on 17 January 1969 the applicant underwent a retirement physical examination which makes no mention of wounds or injuries sustained as a result of hostile action. The applicant's Standard Form 89 (Report of Medical History), dated 17 January 1969, indicates that he fell in November 1968, tore his right anterior cruciate ligament and surgery was performed on his right knee. The applicant's DA Form 20 (Enlisted Qualification Record) shows that he was assigned to Fort Bragg, North Carolina, in November 1968.

10. The applicant's DD Form 214 with an effective date of 31 March 1969 shows the Vietnam Service Medal as an authorized award. The applicant's DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from 20 March 1967 through 19 March 1968 and participated in three campaigns during his first tour in Vietnam.

11. The Board notes that item 22c (Foreign and/or Sea Service) on the applicant's DD Form 214 with an effective date of 31 March 1969 does not show any foreign or sea service.

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 DD Form 214 with an effective date of 31 March 1969.

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.

15. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 22c. The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

16. The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

CONCLUSIONS:

1. The Board considered the applicant's contention that he injured his knee while exiting a helicopter in Vietnam while under enemy fire. However, the applicant has provided no evidence to support this contention.

2. Medical evidence of record shows that the applicant fell in November 1968, tore his right anterior cruciate ligament and surgery was performed on his right knee. The applicant's service personnel records show that he was assigned to Fort Bragg, North Carolina, in November 1968.

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

4. The applicant’s DD Form 214 with an effective date of 31 March 1969 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his first tour 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 31 March 1969 to show these awards.

5. The applicant served in Vietnam from 20 March 1967 through 19 March 1968, a total of one year. Item 22c (Foreign and/or Sea Service) on the applicant's DD Form 214 with an effective date of 31 March 1969 shows the entry, "0 0 0." Therefore, it would be appropriate at this time to correct item 22c (Foreign and/or Sea Service) on the applicant's DD Form 214 with an effective date of 31 March 1969 to show his service in Vietnam. Also, item 30 (Remarks) should be corrected to show his inclusive dates of service in Vietnam.

6. The applicant's unit received 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 31 March 1969 to show this unit citation.

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 showing that the individual concerned was awarded the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

         b. by deleting the entry, "0 0 0" in item 22c (Foreign and/or Sea Service) on the DD Form 214 with an effective date of 31 March 1969 of the individual concerned;

         c. by adding the entry, "(USARPAC) 1 0 0" in item 22c (Foreign and/or Sea Service) on his DD Form 214; and

         d. by adding the entry, "VIETNAM SERVICE: 670330-680319" in item
30 (Remarks) on his DD Form 214 with an effective date of 31 March 1969.


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

BOARD VOTE:

JNS____ TL_____ BPI_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080414
SUFFIX
RECON
DATE BOARDED	20030429
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	100.0000
3.
4.
5.
6.