PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            9 August 2001
	DOCKET NUMBER:   AR2001057002

	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. Irene N. Wheelwright		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Ms. Gail J. Wire		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 for wounds received in action in Vietnam.

3.  The applicant states that he was wounded in action in Vietnam on 27 February 1968 and never received the Purple Heart for the shrapnel wound he received to the head.  In support of his application he submits a statement from a fellow member of his unit and a copy of a Daily Staff Journal or Duty Officer’s Log (DA Form 1594) showing that he was wounded in action (WIA).

4.  The applicant’s military records show that he initially enlisted with parental consent on 24 January 1964 for a period of 3 years and training as an armor crewman.  He completed his training and was transferred to Germany on 13 June 1964. 

5.  He reenlisted on 9 March 1965 for a period of 4 years and training as a helicopter repairman.  He departed Germany on 10 April 1966 and was transferred to Fort Eustis, Virginia for his training.  Upon completion of his training he was transferred to Vietnam and was assigned to the 140th Transportation Detachment, 117th Assault Helicopter Company.  He was promoted to the rank of specialist five (SP5) on 15 September 1967.

6.  A line of duty investigation was conducted on 19 March 1968 in Bien Hoa, South Vietnam which determined that the applicant had been wounded in a fire fight (ambush) between Honour Smith Compound and Bien Hoa Air Force Base on 27 February 1968, that he had been treated at the Air Force dispensary for a shrapnel wound to the head and was returned to duty.  The report concluded that his wound was in the line of duty.  There is no indication in his records that he was ever awarded the Purple Heart for his wound.

7.  He completed his tour in Vietnam on 21 May 1968 and was transferred to Fort Huachuca, Arizona, with duty in El Paso, Texas.  He remained there until he was honorably discharged on 7 March 1969.  He had served 5 years, 2 months and 15 days of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Air Medal and the Aircraft Crewman Badge.

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 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.

10.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was authorized awards of the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross (RVNGC) with palm during the period (18 months) in which the applicant was assigned to the 117th Aviation Company. 

CONCLUSIONS:

1.  There is sufficient evidence to show that the applicant was wounded on 27 February 1968 while serving as SP5 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.  Accordingly, it would be in the interest of justice to correct this error at this time.

3.  The Board also determined that the applicant is entitled to awards of the RVNGC w/palm, and the MUC for his Vietnam service with the 117th Aviation Company during the period of 25 November 1966 to 21 May 1968.  Although these awards were authorized subsequent to the applicant’s departure from Vietnam, the Board concluded, in the interest of equity, that the applicant’s record should be corrected to include these awards 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 Purple Heart for wounds received in action against an armed enemy on 27 February 1968 while serving in Vietnam in the rank of SP5 and by also awarding him the RVNGC w/palm and the MUC that were awarded to his unit as well. 

BOARD VOTE:  

__inw___  ___fe ___  ___gw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Irene N. Wheelwright___
		        CHAIRPERSON

INDEX

CASE ID	AR2001057002	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/09	
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.  80	107.0034/MUC	
4.		
5.		
6.