PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 July 2003
         DOCKET NUMBER: AR2003087344


         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. Gerard W. Schwartz		Analyst

The following members, a quorum, were present:

Mr. Ted S. Kanamine		Chairperson
Ms. Karen Y. Fletcher		Member
Mr. Melvin H. Meyer		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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

3. The applicant states that the Purple Heart was never added to his DD Form 214, but was being verified. He contends the Department of Veterans Affairs (DVA) has conceded that he was indeed involved in combat and wounded, based on an entry on his DA Form 20 (Enlisted Qualification Record) and statements from his buddies. In support of his application, the applicant provided a medical summary from the DVA and pages 3 and 4 of his DA Form 20.

4. The applicant’s military records show that he entered active duty on 31 October 1967. His record shows that he completed training in Military Occupation Specialty (MOS) 36G (Wire Maintenance). He served in several units in Vietnam from 11 May 1968 to 31 August 1969. The applicant reenlisted on 5 December 1969 and continued to serve on active duty until discharged on 14  December 1973 with a General Discharge.

5. The applicant’s records contain three DD Forms 214. The DD Form 214 with an effective date of 4 December 1969 covers the applicant’s service in Vietnam. This DD Form 214 does not show award of the Purple Heart in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6. There are no orders in the applicant’s service personnel records which show that 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). Item 41 (Awards and Decorations) contains the pencil entry, “PH [Purple Heart] being verified.” The applicant's name is not listed on the Vietnam Casualty Roster.

7. The applicant’s service personnel records contain medical treatment records during a portion of the applicant’s service in Vietnam, his induction medical examination, dated 20 September 1967, and results of a Medical Examination Board, dated 30 July 1973. None of these medical records show the applicant was wounded as a result of hostile action or treated for wounds or injuries resulting from hostile action. The applicant’s induction physical examination does show that he had shotgun pellets in his right knee sustained prior to entry on active duty.

8. The applicant provided a DVA medical summary. This document states: “You have provided a statement indicating you were wounded in Vietnam and the lay statement from [name omitted] provides evidence that you were involved in combat. Any reasonable doubt that is caused by the “being verified” statement shown next to the Purple Heart entry on your Enlisted      Qualification Record is being resolved in your favor. Your participation in combat and your stressor are conceded.”

9. 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.

10. The Board noted that the applicant is eligible for unit awards not shown on his DD Form 214. The Board also noted that the applicant did not receive credit for the campaigns in which he served 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, the 1^st Military Intelligence Detachment, was cited for award of the Meritorious Unit Commendation for actions during the period 1 January 1968 to 31 December 1968 by Department of the Army General Orders Number 53, dated 1970.

12. The applicant was also assigned to A Company, 121st Signal Battalion when it was cited for the Meritorious Unit Commendation for actions during the period 1 June 1968 to 31 May 1969 by Department of the Army General Orders Number 39, dated 1970.

13. Army Regulation 600-8-22 provides that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Meritorious Unit Commendation.

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 53, dated 1970.

15. Item 39 (Campaigns) of his DA Form 20 lists five campaigns in which the applicant served during his service in Vietnam.

16. 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 or item 39 of the DA Form 20. The regulation states that authorized bronze service stars will be worn on the appropriate service medal. The regulation also provides that a silver service star is awarded in lieu of five bronze service stars.

CONCLUSIONS:

1. The Board considered the applicant’s request for award of the Purple Heart and the documents which he submitted in support of his claim. The Board also reviewed the available service personnel and medical records.

2. The Board noted there is no evidence of record which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.

3. The Board considered the DVA medical summary submitted by the applicant which resolved reasonable doubt in the applicant's favor and conceded participation in combat. However, the Board determined that this decision by the DVA does not verify that the applicant required medical treatment for wounds received as a result of hostile action. Therefore this DVA medical determination is not sufficient by itself as a basis for award of the Purple Heart.

4. In the absence of orders awarding the Purple Heart or military medical records showing the applicant was wounded as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

5. General Orders show the applicant is entitled to two awards of the Meritorious Unit Commendation, correctly known as the Meritorious Unit Commendation (First Oak Leaf Cluster). Therefore, he is entitled to correction of his records to show these unit awards.

6. General Orders show the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show this foreign unit award.

7. Evidence of record shows the applicant served in five campaigns during his service in Vietnam. Therefore, he is entitled to correction of his records to show the Vietnam Service Medal with five bronze service stars, correctly known as the Vietnam Service Medal with one silver service star.

8. In view of the foregoing, the applicant’s records should be corrected, 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 Meritorious Unit Commendation (First Oak Leaf Cluster), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with one silver service star.

2. That so much of the application as pertains to award of the Purple Heart is denied.

BOARD VOTE:

___TSK_ __KYF___ __MHM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Mr. Ted S. Kanamine___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087344
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030701
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.	107.0015.0000
2.
3.
4.
5.
6.