PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            27 February 2001
	DOCKET NUMBER:   AR2000048954

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		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.

2.  The applicant requests, in effect, that he be awarded the Purple Heart (PH). 

3.  The applicant states, in effect, that he was wounded in Vietnam in February 1967 and while his qualification record shows this wound, he was never awarded the PH.   

4.  The applicant’s military records show that on 16 February 1966, he was inducted into the Army of the United States for two years.  He successfully completed basic training at Fort Ord, California and advanced individual training (AIT) at Fort Polk, Louisiana.  

5.  Upon completing AIT he was awarded military occupational specialty 
11B (Infantryman) and he was assigned to Vietnam for his first permanent duty station, where he arrived for duty with the Company A, 4th Battalion, 23rd Infantry Regiment, 25th Infantry Division on 12 August 1966.

6.  The applicant’s Department of the Army (DA) Form 20 (Enlisted Qualification Record) shows that during his tenure on active duty he earned the following awards and decorations:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Vietnam Campaign Medal (VCM), Combat Infantryman Badge (CIB), and Good Conduct Medal (GCMDL).  Block 40 (wounds) of the DA Form 20 contains an entry, dated 8 February 1967, which indicates that he received shrapnel wounds to his right wrist and face.

7.  The applicant’s medical record contains a Chronological Record of Medical Care (SF 600), which has an entry, dated 8 February 1967, that confirms that he was treated at an aid station for shrapnel wounds to his wrist and cheek.  The entry indicates that his wounds resulted from the explosion of an enemy 
.50 caliber round striking the ammunition can on the 113 track vehicle he was riding on during a sweep of the Tay Ninh Vietnam area on 5 February 1967.  

8.  The applicant completed his tour in Vietnam in August 1967 and was reassigned to Fort Jackson, South Carolina, where he served until his separation from active duty on 15 February 1968.  On the date of his separation he was issued a Department of Defense (DD) Form 214 ( Armed Forces of the United States Report of Transfer or Discharge) that confirms he was honorably released from active duty, by reason of expiration of term of service, on 15 February 1968, after completing 2 years of service.  This document lists only the NDSM, GCMDL, CIB, VSM, and VCM as awards he earned during his tenure on active duty and contains no reference to his having been awarded the PH.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.  

10.  Paragraph 9-8b (2) defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.  It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with palm (RVNGC/wPalm) for the period April 1966 to August 1968 via Department of the Army General Order (DAGO) 48, which was issued in 1971 and the Republic of Vietnam Civil Actions Honor Medal (RVNCAHM) for the period 30 April 1966 to 21 January 1970 via DAGO 51, which was issued in 1971.  

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he is entitled to the PH for wounds he received in action in Vietnam and finds this claim has merit.  In addition, this review revealed the applicant is entitled to additional unit awards he did not request in his application. 

2.  Entries in block 40 of his DA Form 20 and in an SF 600 both verify that the applicant received shrapnel wounds to his wrist and cheek while engaged in action against the enemy in the Tay Ninh, Vietnam area on 5 February 1967. In the opinion of the Board, this more than satisfies the regulatory burden of proof necessary to establish entitlement to the PH and it would be appropriate to award him the PH at this time. 

3.  The evidence or record also shows that the applicant is entitled to the RVNGC/wPalm and the RVNCAHM, based on his unit service in Vietnam.  His entitlement to these awards is established in DAGOs 48 and 51 respectively, both of which were issued in 1971.  Although these awards were authorized subsequent to his separation, the Board concludes it would be appropriate to provide them to him at this time. 
4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the PH for wounds he received in action in Vietnam, on 5 February 1967, while serving in the rank of specialist four (SP4); by showing he received the RVNGC/wPalm and the RVNCAHM, for his valorous combat achievement during his tenure in Vietnam; and by issuing him a corrected separation document that reflects these changes. 

BOARD VOTE:  

__ra ____  __mm___  ___js ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2000048954	
SUFFIX		
RECON		
DATE BOARDED	2001/02/27	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1968/02/16	
DISCHARGE AUTHORITY	AR 635-200 C2	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.  140	107.0094	
3.  141	107.0095	
4.  		
5.		
6.