PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  19 January 2000
	DOCKET NUMBER:   AR1999027135

	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. Theodore G. Heartley .		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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.

2.  The applicant requests correction of his military records by showing that he was awarded the Purple Heart (PH).

3.  The applicant states, in effect, that he was wounded by hostile action while participating in combat operations with his unit in Vietnam on 26 June 1967; and that an Army medical corpsman attended to his wounds.  He further stated that he was also entitled to the Vietnam Cross of Gallantry and the Presidential Unit Citation.  The Board noted that his application contained the full name, rank, and service number of the alleged attending medical corpsman and 4 fellow soldiers who, allegedly, could verify his combat wound.  In support of his request, he provided a copy of the 4th Engineer Battalion’s lineage and honors and a copy of a 4th Engineer Battalion combat operations after action report dated 25 November 1967.

4.  The applicant’s available military records show that he was inducted into the Army of the United States at Fort Dix, New Jersey on 29 November 1965 for a period of 2 years. On 9 December 1965, he was initially assigned to Fort Lewis, Washington and further reassigned to Company A, 
4th Engineer Battalion, 4th Infantry Division for completion of basic combat training, advanced individual training, and after training, permanent duty assignment as a heavy truck driver in military occupation specialty 64B.  On 7 July 1966, he was assigned to Vietnam with his engineer unit, Company A, 4th Engineer Battalion.  He departed Vietnam on 2 July 1967, and was assigned to Fort Devens, Massachusetts on 2 August 1967.  

5.  His reports of medical history and medical examination indicated that his was in good health and qualified for separation.  There was nothing contained in these reports or other available medical documentation to show that he had been medically treated for a wound by hostile action during his tour in Vietnam.

6.  The combat operations after action report dated 25 November 1967, a single page document, contained confidential markings and showed a summary of combat related activities of Company A, 4th Engineer Battalion.  This document does not specifically identify when these combat activities occurred or if any unit members were wounded by hostile action.  A hand written notation appeared at the bottom of the page indicating that the applicant was wounded during the unit operations described herein. 

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of enemy or hostile action 
or international terrorist attack.  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.

8.  DA Pamphlet 672-3, the unit citation and campaign participation credit register, shows that Company A, 4th Engineer Battalion earned the Presidential Unit Citation in Vietnam during the periods from 18 May to 26 May 1967 and from 29 October to 30 November 1967.

9.  His DD Form 214, separation document, shows that he was separated from active service in the rank of specialist on 28 November 1967 after completing his 2-year active service obligation under the provisions of Army Regulation 635-200, Chapter 2.  He received the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, two Overseas Service Bars, and the M-14 Rifle Marksmanship Badge with Sharpshooter Bar.

10.  Contained in his records is a copy of DA Form 1577, authorization for issuance of awards dated 28 January 1987, showing that he was entitled to the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

CONCLUSIONS:

1.  The Board concludes that the evidence of record and the evidence submitted by the applicant are insufficient to support the award of the Purple Heart.

2.  The Board further concludes that sufficient does exist to award him the Vietnam Gallantry Cross with Palm Unit Citation Badge and one award of the Presidential Unit Citation earned from 18 May to 26 May 1967.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

	a.  showing that the individual concerned was awarded the Vietnam Gallantry Cross with Palm Unit Citation Badge;

	b.  showing that he was awarded the Presidential Unit Citation; and by

	c.  issuing a DD Form 215, Correction to the DD Form 214.

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

BOARD VOTE:  

_RO___  ___CG_  __JI____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR1999027135	
SUFFIX		
RECON		
DATE BOARDED	20000119	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	28 November 1967	
DISCHARGE AUTHORITY	AR1999027135	
DISCHARGE REASON	EXPIRATION OF TERM OF SERVICE	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.