RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 MARCH 2007
	DOCKET NUMBER:  AR20060012823 


	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.



	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 his award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that his record does not show the award of the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 and a copy of the Purple Heart certificate.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant enlisted into the Army on 19 October 1967.  He served in the Republic of Vietnam from 22 June 1969 to 19 June 1970.  During his tour in Vietnam, he was assigned to C Battery, 5th Battalion, 22nd Artillery.  The applicant was honorably released from active duty on 19 June 1970.

2.  The certificate provided by the applicant shows that he was awarded the Purple Heart for wounds received in action on 3 February 1970 in the Republic of Vietnam.  The certificate is dated 23 September 1992.

3.  Item 24 (Awards and Decorations) on the applicant's DD Form 214 does not show award of the Purple Heart.

4.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows no entries of any wounds received.  

5.  There is no documentation in the available records which shows that the applicant sustained wounds or was treated for wounds incurred as a result of hostile action.

6.  There is no evidence of any general orders awarding the applicant the Purple Heart and his name is not listed on the Vietnam Casualty Roster.

7.  The applicant’s records contain a consultation sheet to Orthopedics.  The doctor listed the reason for the request as fragment wound in proximal phalange, middle finger, left hand.  The consultation report indicates that the applicant was seen on 3 February 1970 at the 8th Field Hospital.  The medical personnel noted that there was a slight edema around the fragment sight.  He was prescribed medications for 7 days and placed on an 11 day profile.

8.  The applicant’s records also contain a DA Form 1577 (Authorization for Issuance of Awards) dated 18 September 1992 from the Army Personnel Center (ARPERCEN) St. Louis.  This form shows authorization for issuance of the Purple Heart certificate; however, the documentation used to verify the applicant’s entitlement to his award was not included. 

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 by a medical officer, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 640-2-1 (Personnel Qualification Records) prescribes the policies for preparing, maintaining, and disposing of the Military Personnel Record Jacket and Personnel Qualification Record.  The regulation states, in pertinent part, that award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration on a Soldier's DD Form 214. 

11.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.

12.  The applicant's DD Form 214 does not list award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  The 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 that the     5th Battalion, 22d Artillery, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 54, dated 1974.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in three campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant's DD Form 214 shows award of the Vietnam Service Medal.  His records also indicate that he participated in the following campaigns:  Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, and DA Sanctuary Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam.  The information contained on his consultation sheet is not sufficiently compelling to conclude that the applicant’s fragment wound to the left middle finger was in fact, the result of combat incurred wounds or injuries. 

2.  Additionally, there is no evidence to support ARPERCEN’s issuance of the applicant’s Purple Heart certificate.  Nevertheless, the Army regulation cited above states that award certificates alone will not be used as a basis for entering a decoration on a Soldier’s DD Form 214.  Therefore, in the absence of more compelling medical records supporting the applicant's contention, there is an insufficient basis to correct his DD Form 214 to show the award of the Purple Heart in this case. 

3.  Evidence of record shows that the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The evidence also shows that the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars to be worn 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 Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LE____  __LB  ___  ___MF__  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 should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars to be affixed to his Vietnam Service Medal.




______Lester Echols________
          CHAIRPERSON




INDEX

CASE ID
AR20060012823
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070329
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.