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ARMY | BCMR | CY2003 | 2003089177C070403
Original file (2003089177C070403.rtf) Auto-classification: Denied
RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 November 2003
         DOCKET NUMBER: AR2003089177


         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. G. E. Vandenberg Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Ms. Linda D. Simmons Member
Mr. Robert L. Duecaster 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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that he be awarded the Purple Heart.

2. The applicant states that he was wounded “many times by shrapnel” but was not hospitalized except for a fractured hand and malaria. He states that he remembers breaking his hand in February 1968 and being blown off his bunker in March.

3. The applicant provides no documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1. The applicant entered active duty on 12 June 1967 and successfully completed training as an infantryman.

2. He served in Vietnam as an infantryman from 15 November 1967 through 10 July 1968 with Company A, 4 th Battalion, 23 rd Infantry Regiment, 25 th Infantry Division; and as a clerk with Detachment Number 1, 25 th  Replacement Detachment, 25 th Infantry Division, until 9 November 1968.

3. His DA Form 20 (Enlisted Qualification Record) at item 40 (Wounds) is blank and at item 39 (Campaigns) it shows the Counteroffensive Phase III and the Tet Counteroffensive.

4. His DD Form 214 (Report Transfer or Discharge) shows that he was honorably released from active duty on 5 June 1969. Item 24 (Decorations and Awards) on his does not list the Purple Heart as an authorized award.

5. The applicant’s service medical records are not available to the Board.

6. A review of the Vietnam Casualty List does not list the applicant as having received any combat related wounds or injuries.

7. A review of the unit historical records at the National Archives, College Park, Maryland failed to identify the applicant as being entitled to the Purple Heart.

8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the 4th Battalion 23rd Infantry Regiment, 25th Infantry Division was awarded a Valorous Unit Award for the period 26-28 May 1968, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 to August 1968, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 to 21 January 1970.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by a medical officer, and the medical treatment must have been made a matter of official record.

10. Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These include the Counteroffensive Phase III, from 31 May 1967 through on 29 January 1968; the Tet Counteroffensive, ending on 1 April 1968; the Counteroffensive V, ending on 1 November 1968; and Counteroffensive Phase VI, ending on 22 February 1969.

DISCUSSION AND CONCLUSIONS :

1. There is insufficient evidence to show that the applicant was treated for wounds or injuries received while in action against the enemy or as the result of enemy action.

2. Without documentation of such wounds or injuries award of the Purple Heart is not warranted.

3. The applicant’s DD Form 214 does not show that he was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation or four bronze service stars for wear on his Vietnam Service Medal.

4. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency Support Division, St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

_ JHL ____ __ LDS __ __ RLD __ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2. The Board determined that administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the Army Review Boards Agency Support Division - St. Louis administratively correct the records of the individual concerned to show award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and four bronze service stars for wear on his Vietnam Service Medal.




                  _ Joann H. Langston___
                  CHAIRPERSON




INDEX

CASE ID AR2003089177
SUFFIX
RECON
DATE BOARDED 20031120
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1. 107
2.
3.
4.
5.
6.



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