PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            5 April 2001
	DOCKET NUMBER:   AR2000050594

	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:

	Ms. June Hajjar		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Harry B. Oberg		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 that he was wounded in combat in Vietnam, was treated for his wounds and was never awarded the Purple Heart.  In support of his application he submits copies of his medical records to show where he was treated for his wounds.

4.  The applicant’s military records show that he was inducted in Jacksonville, Florida on 13 March 1970.  He successfully completed his training as a light weapons infantryman and was transferred to Vietnam on 13 August 1970.

5.  Upon arrival in Vietnam he was assigned to duty as a helicopter door gunner with the 159th Aviation Battalion, 101st Airborne Division (Airmobile).  He was subsequently reclassified to an aviation military occupation specialty (MOS) for his primary MOS.  He was advanced to the pay grade of E-4 on 16 September 1970.

6.  On 25 September 1970 he was treated at the 159th Aviation Dispensary for a two inch fragmentation wound in the base of the neck.  He had follow-up treatment to remove the stitches on 29 September 1970.

7.  He served in Vietnam until 12 August 1971 when he was transferred to Fort Hood, Texas, where he remained until he was honorably released from active duty on 12 November 1971.  He had served 1 year and 8 months of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Army Commendation Medal with one oak leaf cluster, the Republic of Vietnam Campaign Medal, the Good Conduct Medal and the Air Medal with “V” Device. 

8.  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.

9.  Department of the Army Pamphlet 672-3 prescribes the criteria and lists the campaign participation and awards earned by units during the Vietnam War.  It provides in pertinent part, that the 159th Aviation Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGCw/palm) for the period of 1 March to 9 October 1971 and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) for the period of 30 October to 7 December 1970. 

CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant, while serving in the rank of specialist four (SP/4),  was wounded in combat on 25 September 1970 and that he received medical treatment for his wounds.  However, the evidence of record fails to show that he was ever awarded the Purple Heart for his wounds.  Therefore, it would be in the interest of justice to do so at this time.

2.  Additionally, although the authorization to award members of the 159th Aviation Battalion the RVNGCw/palm and the RVNCAHM-FC was not enacted until after the applicant separated from the service, there is no evidence to show that his records were ever corrected to reflect those awards.  Therefore, it would also be in the interest of justice to correct the administrative oversight at this time.

3.  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 Purple Heart for wounds received in action against the enemy on 25 September 1970, while serving in the rank of SP/4 and by showing that he is authorized awards of the RVNGCw/palm and RVNCAHM-FC. 

BOARD VOTE:  

__hbo___  ___jh ___  ___cla  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____June Hajjar  ______
		        CHAIRPERSON

INDEX

CASE ID	AR2000050594	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/04/05	
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.