PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            29 March 2001
	DOCKET NUMBER:   AR2000050328

	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. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Christopher J. Prosser		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. 

3.  The applicant states, in effect, that he was wounded in combat in Vietnam and he desires to be awarded the Purple Heart. 

4.  The applicant’s military records show that he was inducted in Roanoke, Virginia on 25 April 1968 and successfully completed his training as a light weapons infantryman.  Upon completion of his training he was transferred to Germany for duty as a tank driver, where he remained until he was transferred to Vietnam.

5.  He arrived in Vietnam on 9 August 1969 and was assigned as an infantryman to B Company, 1st Battalion, 46th Infantry, 196th Infantry Brigade.

6.  On 17 December 1969, while serving in the rank of specialist four (SP4), he was wounded in combat (multiple fragmentation wounds to right leg) and was treated at the 91st Evacuation Hospital.  He was also awarded an Army Commendation Medal (ARCOM) with “V” device for his actions on that date.  There is no indication in his official records that show he was ever awarded the Purple Heart for his wounds.

7.  He remained in Vietnam until he was returned to Fort Lewis, Washington and was honorably released from active duty on 17 April 1970.  He had served 1 year, 11 months and 23 days of total active service and his report of separation (DD Form 214) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  There is no mention of his award of the ARCOM w/V device on that document.

8.  Army Regulation 600-8-22 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

9.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.

11.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that Department of the Army General Order (DAGO) 42, published in 1972, authorized the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/palm) for service in Vietnam during the period 16 April – 28 August 1969, 24 August – 31 December 1969 and 31 March to 30 June 1970.  It also authorized the Valorous Unit Award (VUA) for the period of 11 August to 31 August 1969 in DAGO 43 published in 1972.

CONCLUSIONS:

1.  There is sufficient evidence to show that the applicant was wounded on 17 December 1969 while serving as an infantryman in Vietnam and that he was treated by medical personnel.

2.  Therefore, it is reasonable to presume that as result of an administrative oversight, he was not awarded the Purple Heart that he was entitled to receive.  Therefore, it would be in the interest of justice to correct this error at this time.

3.  Additionally, there is sufficient evidence information to show that he served as an infantryman in combat in Vietnam with an infantry company and that he was wounded while performing those duties against an armed enemy of the United States.  Therefore, it would be in the interest of justice to award him the CIB at this time for his service as an infantryman in combat in Vietnam.

4.  The Board also determined that the applicant is entitled to awards of the RVNGC w/palm, and the VUA for his Vietnam service with B Company, 1st Battalion, 46th Infantry, 196th Infantry Brigade during the period of 9 August 1969 to 13 April 1970.  Although these awards were authorized subsequent to the applicant’s separation from active duty, the Board concluded, in the interest of equity, that the applicant’s record should be corrected to include these awards at this time.

5.  The Board further notes that the ARCOM w/”V” device that was awarded to the applicant was omitted from his DD Form 214 at the time of his separation from the service and determined that it would be in the interest of justice to correct his records at this time to reflect that award as well.

6.  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:

a.  by awarding the individual concerned the Purple Heart for wounds received in action against an armed enemy on 17 December 1969 while serving as an infantryman in Vietnam in the rank of SP4; and

	b.  by awarding him the CIB for his actions against an armed enemy on 17 December 1969 while serving with Company B, 1st Battalion, 46th Infantry, 196th Infantry Brigade.

	c.  by awarding him the RVNGC w/palm and the VUA for his service with that unit during the period in which the awards were granted.

	d.  by showing that he was awarded the ARCOM w/V device.

BOARD VOTE:  

___cjp___  __le ____  ___js ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2000050328	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/03/29	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT Plus	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  157	107.0111/CIB	
3.  140	107.0094/RVNGC	
4.  46	107.0000/VUA	
5.		
6.