PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 20 May 2003
         DOCKET NUMBER: AR2003086796


         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Melvin H. Meyer		Chairperson
Ms. Deborah Jacobs		Member
Mr. Jose A. Martinez		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, in effect, that the Purple Heart (PH) he received be added to his record.

3. The applicant states, in effect, that he was wounded in the Republic of Vietnam (RVN) on 31 December 1970, and that he received the PH sometime prior to his discharge. He further indicates that he believes this award should be reflected in his separation document (DD Form 214).

4. The applicant’s military records show that on 3 August 1968, he was commissioned a second lieutenant in the United States Army Reserve (USAR), and on 6 October 1968, he entered active duty.

5. The applicant’s Officer Qualification Record (DA Form 66) shows that on
6 October 1969, the applicant was promoted to first lieutenant (1LT), which is the highest rank he attained while serving on active duty. It also shows that he served as a platoon leader with the 630^th Engineer Company in the RVN from
10 September 1969 until 25 January 1970, and at that time he was medically evacuated.

6. A Medical Board Report (NAVMED 6100/1), dated 12 March 1970, issued by medical officials of the Naval Hospital, Charleston, South Carolina, contains a medical record report that confirms that the applicant sustained multiple shrapnel wounds to the right arm and leg on 5 January 1970, while serving as a 1LT in the RVN. It also confirms that he was air evacuated to that Naval Hospital for evaluation and treatment.

7. A Report of Medical Examination (SF 88), dated 14 September 1970, which documents the applicant’s separation physical examination, contains an entry confirming that the applicant received a fragmentation wound while serving in the RVN in 1970.

8. On 5 October 1970, the applicant was released from active duty (REFRAD) after completing a total of 2 years of active military service. The DD Form 214 issued to him on his separation date confirms that during his tenure on active duty, he earned the National Defense Service Medal and Vietnam Service Medal. No other awards or decorations, to include the PH, are listed in this separation document.

9. The Department of the Army (DA) Vietnam Casualty Roster, which lists the names of soldiers wounded in action while serving in the RVN includes the applicant’s name. This entry confirms that he was wounded in action on
5 January 1970, while serving as a 1LT in the RVN.

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action. The wound or injury for which the PH is being awarded must have required treatment by a medical officer, this treatment must be supported by medical treatment records that were made a matter of official record.

11. Paragraph 2-13 of the awards regulation contains guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the RVN.

12. Appendix B of the awards regulation confirms that the applicant was credited with participation in the Vietnam Summer-Fall 1969 and Vietnam Winter-Spring 1970 campaigns based on his tenure of assignment in the RVN.

13. Paragraph 9-19 of this same regulation provides guidance on the award of the Republic of Vietnam Campaign Medal. It states, in pertinent part, that to qualify for this award a member must have served in the RVN for 6 months; however, this award was authorized for members who were evacuated prior to completing six months of service due wounds resulting from hostile action.

14. Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

CONCLUSIONS:

1. The Board notes the applicant’s claim of entitlement to the PH, and it finds this claim has merit. By regulation, to support the award of the PH, there must be evidence showing that a member was wounded or injured as a result of enemy action. The wound or injury for which the PH is being awarded must have required treatment by a medical officer, and the record of this treatment must have been made a matter of official record.

2. The evidence of record includes medical treatment records from the
Naval Hospital, Charleston, South Carolina, which confirm the applicant received multiple shrapnel wounds to his right arm and leg while serving in the RVN. This wound is further officially documented in entries contained in the applicant’s separation physical examination, which verifies that he received fragmentation wounds while serving in the RVN in 1970.

3. Finally, the applicant’s casualty status is confirmed in the DA Vietnam Casualty Roster, which contains an entry verifying that he was wounded in action on 5 January 1970, while serving as a 1LT in the RVN. The Board finds the evidence more than sufficiently satisfies the regulatory burden of proof necessary to support award of the PH. Therefore, it concludes it would be appropriate to add this award to his record at this time.

4. During its review of this case, the Board also found the applicant was entitled to the following awards and decorations based on his campaign participation and service in the RVN that were not included in either his record or his DD Form 214: two bronze service stars with his Vietnam Service Medal, for his campaign participation; the Republic of Vietnam Campaign Medal with 60 Device, due to his being medically evacuated prior to completing the required six months of service due wounds resulting from hostile action; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for his service in the RVN during a qualifying period. Thus, the Board finds that it would also be appropriate to add these awards to his record at this time.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart; by showing he is entitled to the entitled to two bronze service stars for his Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 Device, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a corrected separation document that includes these awards.

BOARD VOTE:

         DJ__ __MM___ __JM _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Melvin H. Meyer_
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086796
SUFFIX
RECON
DATE BOARDED	2003/05/20
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1970/10/05
DISCHARGE AUTHORITY	AR 635-100
DISCHARGE REASON	Expiration of AD Commitment.
BOARD DECISION	GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2. 46	107.0000
3.
4.
5.
6.