PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 January 2002                   
	DOCKET NUMBER:   AR2001058090

	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. Jennifer L. Prater		Chairperson	
	Mr. Christopher J. Prosser		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 that he be awarded the Purple Heart and the Bronze Star Medal (BSM).  With regard to award of the BSM, the applicant has not exhausted his administrative remedies and has been advised by separate correspondence to submit a recommendation for award of the BSM under the provisions of Title 10, U. S. Code, section 1130.

3.  The applicant states that he was wounded in action on 10 May 1968.  When he left his unit, the company clerk told him that he would eventually receive both the Purple Heart and the BSM for wounds received in action.  In a letter to the VA, he indicated that he had been awarded the Army Commendation Medal but it should have been the BSM since he had been promoted to Sergeant, E-5 and other E5s were given the BSM when they left the country.  Supporting evidence is as listed on the DD Form 149.

4.  The applicant’s military records show that he was inducted into the Army on 21 June 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

5.  The applicant arrived in Vietnam on or about 13 December 1967.  He was assigned to Company C (and later Company E), 3d Battalion, 21st Infantry, 196th Infantry Brigade as an ammunition bearer and forward observer.  An extract from his service medical records show that he was treated for multiple fragment wounds in the lower back incurred during a mortar attack on 10 May 1968.

6.  The applicant was promoted to Sergeant, E-5 on 11 November 1968.  He departed Vietnam on 2 December 1968.  He was released from active duty on  20 June 1969.

7.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

8.  Department of the Army Pamphlet 672-3 shows that the 3d Battalion, 21st Infantry was awarded the Navy Unit Commendation for the period 1 – 16 May 1968.  Later, all units which served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  A search of records at the U. S. Total Army Personnel Command was unable to locate orders awarding the applicant the Army Commendation Medal.

CONCLUSIONS:

1.  The Board concludes that the applicant has provided sufficient evidence to substantiate his eligibility for award of the Purple Heart for wounds received in action on 10 May 1968.

2.  The evidence of record also shows that the applicant was assigned to a unit during a period of time that unit was awarded the Navy Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and therefore is eligible to wear those awards.

3.  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 on     10 May 1968.

2.  That the applicant’s Report of Transfer or Discharge, DD Form 214, be amended to add the Purple Heart, the Navy Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jlp___  __cjp___  __kwl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Jennifer L. Prater
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001058090	
SUFFIX		
RECON		
DATE BOARDED	20020117	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.