PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 September 2001
	DOCKET NUMBER:   AR2001058979

	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. Celia L. Adolphi		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Donald P. Hupman, Jr.		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 reconsideration of his request to be awarded the Purple Heart for wounds received in action in Vietnam on 5 April 1969.

3.  The applicant states, in effect, that he was wounded in Vietnam on 5 April 1969; however he was never awarded the Purple Heart for his wounds.  In support of his application, he submits copies of a Duty Officer’s Log (DA Form 1594) dated 5 April 1969.

4.  The applicant’s military records show that he was inducted on 17 April 1968 and successfully completed his training as a field artillery rocket crewman.  He was advanced to the pay grade of E-3 on 10 October 1968 and was subsequently transferred to Vietnam on 12 March 1969.  He was assigned to     B Battery, 2d Battalion, 13th Artillery. 

5.  He departed Vietnam on 11 March 1970 and was honorably released from active duty on 11 March 1970.  He was awarded the National Defense Service Medal, the Army Commendation Medal, the Vietnam Service Medal, the Good Conduct Medal and the Republic of Vietnam Campaign Medal.  His records contain no evidence that he was wounded in action.

6.  The applicant previously applied to the Board for an award of the Purple Heart and the Board denied his request on 12 September 2000 because there was no evidence to show that he had in fact been wounded.  The facts and circumstances of that case is outlined in the Board’s Memorandum of Consideration (AR2000040655).

7.  The Duty Officer’s Log submitted by the applicant and obtained from the National Archives shows that at approximately 2400 hours on 5 April 1969, the applicant received a chest wound from an incoming round and was medically evacuated to the 12th Evacuation Hospital by helicopter.  The duty officer indicated that it was believed that it was the result of friendly fire from a M79 round (40mm grenade.)  A subsequent entry indicates that it was confirmed that the applicant was a non-battle casualty.  Two subsequent entries indicate that it was reported as an enemy attack (60mm round) and that the applicant was reported as wounded in action (WIA).   

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 Department of the Army General Order (DAGO) 42, published in 1972, authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC w/Palm) for service in Vietnam during the period 21 February 1970 – 28 February 1971.  It also authorized the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) for the period of 1 August 1967 to 15 March 1970 in DAGO 51 published in 1971.

CONCLUSIONS:

1.  Although the DA Form 1594 submitted by the applicant has conflicting entries as to whether he was wounded by friendly or enemy fire, the last entry on that document indicates that he was reported as WIA.  Accordingly, the Board is inclined to resolve any doubt in this matter in favor of the applicant.

2.  Therefore, the Board finds that it would be in the interest of justice to award him the Purple Heart for wounds received in action in Vietnam on 5 April 1969 while serving in the rank of private first class with B Battery, 2d Battalion, 13th Artillery.

3.  The Board also determined that the applicant is entitled to awards of the RVNGC w/Palm Unit Citation, and the RVNCAHM-FC Unit Citation for his Vietnam service with A Battery, 2d Battalion, 13th Artillery, during the period of 12 March 1969 to 11 March 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.

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 in Vietnam on 5 April 1969, the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation while serving as a PFC with A Battery, 2d Battalion, 13th Artillery. 

BOARD VOTE:  

__dh____  __clg ___  ___cla___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L. Adolphi_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001058979	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  140	107.0094/RVNGC	
3.  141	107.0095/RVNCAHM	
4.		
5.		
6.