PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 July 2001                   
	DOCKET NUMBER:   AR2001057235

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Kenneth W. Lapin		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 award of the Purple Heart.

3.  The applicant states that since his unit was overrun, no record was made at the time.  Then, after he was treated, the records were destroyed when rockets and mortars hit the camp.  He provides two notarized letters from fellow soldiers and his VA rating decision as supporting evidence.

4.  The applicant’s military records are not available.  Information contained herein was obtained from alternate sources.

5.  The applicant was inducted into the Army on 17 February 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He arrived in Vietnam on or about 23 July 1967 and was assigned to Company C, 1st Battalion, 5th Infantry (1/5th Infantry), 25th Infantry Division as a rifleman.  He was reassigned to Company B, 1/5th Infantry, 25th Infantry Division on 2 August 1967 where he performed duties as a rifleman, personnel carrier driver (from    10 November 1967 through 15 March 1968), and team leader.  He departed Vietnam on 13 July 1968.  He was released from active duty on 14 February 1969 after completing 1 year, 11 months, and 28 days of creditable active service with no lost time.  His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency had been rated as excellent throughout his period of service.

6.  The applicant provides statements (originally provided to the VA in 1996) from two comrades who were assigned with him in Vietnam.  Mr. D___ states that on or about 1 December 1967 a small explosive grenade or rocket hit their carrier almost exactly where the applicant was standing.  The applicant, who was returning fire with the armored personnel carrier’s .50 caliber machine gun, was blown completely out of the carrier.  When he rushed to the applicant, D___ noticed his ears were bleeding profusely.  He could not be taken to the hospital immediately because every man was needed.  Later, when he left the hospital, D___ noticed the applicant was wearing ear plugs.  Only a few days later a rocket exploded at the hospital where he had been treated and demolished most if not all of the medical records inside.  

7.  First Sergeant (retired) D___ states that on 1 December 1967 their unit received heavy enemy fire.  The applicant was his armored personnel carrier driver and took up his position firing a .50 caliber machine gun on the carrier when a small rocket hit the back lid of the carrier right where the applicant was standing.  The applicant was thrown out of the carrier.  Later that same day the First Sergeant noticed blood running out of the applicant’s ears but could not send the applicant to the hospital until two days later because he could not be spared.  When the applicant did go to the hospital, he returned wearing ear plugs.  Their medical people at battalion turned in awards for the casualties.  However, a few days after the applicant was treated the battalion aid building was hit by hostile rocket fire and all the records were destroyed.  

8.  The records on Mr. D___ could not be located but records on First Sergeant (retired) D___ were.  They verify that he was the First Sergeant of Company B, 1/5th Infantry, 25th Infantry Division from 2 November 1967 until on or about       30 June 1968.

9.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.   It stated 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 the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.  A concussion injury caused as a result of enemy-generated explosions is an example of an enemy-related injury which clearly justifies award of the Purple Heart.  It also stated that the Army Good Conduct Medal was awarded for each  3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

10.  Department of the Army Pamphlet 672-3 shows that the 1/5th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm for the period January 1966 through August 1968 and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 1 January 1966 through 21 January 1970.

CONCLUSIONS:

1.  The statements of individuals are normally inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.  However, in this case the supporting statements from the applicant’s former First Sergeant and another soldier are credible evidence that the applicant did in fact receive the wounds claimed and was treated by competent medical personnel.  They also offer a plausible explanation of why medical documentation is not available.  Any doubt should be resolved in favor of the applicant.

2.  The evidence of record also shows that the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 17 February 1967 through 14 February 1969.

3.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class.  Therefore, he is also entitled to wear those awards.

4.  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 applicant the Purple Heart for wounds received in action on 1 December 1967 and the Army Good Conduct Medal for the period    17 February 1967 through 14 February 1969.

2.  That the applicant’s DD Form 214 be amended to add the Purple Heart, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal, First Class.

BOARD VOTE:  

__kak___  __rwa___  __kwl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Karol A. Kennedy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001057235	
SUFFIX		
RECON		
DATE BOARDED	20010710	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.