PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            2 November 2000
	DOCKET NUMBER:   AR2000041076

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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 that he be awarded the Purple Heart.

3.  The applicant states, in effect, that on about 17 December 1968 he received wounds/injuries during a combat action in Vietnam in which he was awarded the Bronze Star Medal (BSM) with “V” device for heroism.  He goes on to state that he sustained cuts and burns during the engagement and when he returned was told by an officer to go and be treated by the medics before his wounds became infected.  He continues by stating that he tried to no avail to convince the officer that there were others that were more seriously wounded but was ordered to go to the aid station for treatment.  He further states that he is in poor health now (transplant operation) with prohibitive medical costs and were it not for the fact that his children can receive educational assistance from the State if he can show that he was awarded the Purple Heart, he would not pursue the matter and does so with reluctance at this time. 

4.  The applicant’s military records show that he was inducted on 15 September 1967 and successfully completed his training.  He was then transferred to Vietnam on 21 October 1968 for duty as a military policeman.

5.  On 7 February 1969, while serving in the rank of Specialist Four, the applicant was awarded the BSM with “V” device for heroism on 17 December 1968.  The citation cited the applicant’s heroic actions against a hostile force while serving with the 25th Military Police Company during a re-supply convoy.  It goes on to state that the convoy came under intense rocket propelled grenade (RPG) and small arms fire from a large communist force and with complete disregard for his own safety, the applicant exposed himself to the holocaust of exploding projectiles as he began placing devastating fire on the hostile positions.  He again exposed himself to the deadly enemy fire as he moved through the bullet swept area to aid two of his fallen comrades and assisted in their evacuation.  His valorous actions contributed immeasurably to the thwarting of the insurgent force and the success of the mission.

6.  On 22 February 1969 he was again awarded the BSM with “V” device for heroism on 14 January 1969 during another convoy attack from a hostile force.

7.  The applicant was promoted to the rank of Sergeant on 10 March 1969 and continued to serve in Vietnam until 24 August 1969 when he was returned to Oakland Army Base in California, was honorably released from active duty on 28 August 1969 and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He had served 1 year, 11 months, and 14 days of total active service.  His report of separation (DD Form 214) shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the BSM.

8.  The applicant’s medical records were not available for review by the Board and there is no indication in the available records to show that he was injured or wounded during his service in Vietnam.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was a result of hostile action, that the wound/injury must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

10.  Department of the Army Pamphlet 672-3 serves as a register of unit citation and campaign participation credit.  It states, in pertinent part, that the 25th Military Police Company was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGCw/palm) for the period of 1 September 1968 to 30 September 1970 and the Republic of Vietnam Civil Actions Honor Medal – First Class   (RVNCAHM – FC) for the period of 13 March 1966 to 21 January 1970.

CONCLUSIONS:

1.  The Board has been unable to verify that the applicant was wounded/injured or that he was treated by medical personnel for those injuries on 17 December 1968.  However, given the applicant’s self-authored statement and the circumstances described in the citation for his award of the BSM for heroism while exposed to a holocaust of exploding projectiles, the Board is convinced that it is reasonable to presume that he in fact did sustain some injuries such as burns and cuts during the attack and that he was treated for those injuries upon his arrival at the aid station.  

2.  Therefore, the Board finds that given his multiple awards for heroism under fire, he should be awarded the Purple Heart for injuries sustained on 17 December 1968.

3.  The Board notes that the applicant was authorized awards of the RVNGCw/palm and the RVNCAHM-FC and that they were never awarded,  Therefore, it would be in the interest of justice to do so at this time.

4.  The Board also notes that the applicant’s report of separation only indicates that he was awarded the BSM when in fact he should have been awarded the BSM with “V” device 1st Oak Leaf Cluster (1OLC).  Accordingly, it would be in the interest of justice to correct this administrative error at this time.

5.  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 awarding the individual concerned the PH for wounds received in action against the enemy on 17 December 1968, while serving in the rank of Specialist Four with the 25th Military Police Company in Vietnam.

2.  That the individual concerned be awarded the RVNGCw/palm and the RVNCAHM – FC for his service in Vietnam.

3.  That the records of the individual concerned be corrected to reflect that he was awarded the BSM with “V” device 1OLC instead of the BSM, as currently reflected.

BOARD VOTE:  

___tsk __  __wdb___  __fe ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000041076	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  140	107.0094/RVNGC	
3.  141	107.0095/RVNCAHM	
4.		
5.		
6.