PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 January 2001
	DOCKET NUMBER:   AR2001061857

	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. William Blakely		Analyst	

  The following members, a quorum, were present:
	
	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. John T. Meixell		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, in effect, that he be awarded the Purple Heart (PH).

3.  The applicant states, in effect, that he was shot and wounded from friendly fire when he was mistaken for the enemy.  He claims that this injury he received in the Republic of Vietnam (RVN) should entitle him to receive the PH.  In support of his application, he submits a copy of United States Army Vietnam (USARV) Form 130-R (USARV Casualty Report).

4.  The applicant’s military records show that he entered the Army on 26 June 1967.  His was trained and served in military occupational specialty (MOS)
11B (Infantryman) and the awards he earned during his active duty tenure include: Republic of Vietnam Campaign Medal with 60 Device; Vietnam Service Medal; Army Commendation Medal; Bronze Star Medal; Air Medal; National Defense Service Medal; and Combat Infantryman Badge. On 25 June 1970, he was honorably separated, in the rank of specialist/E-4, after completing a total of 3 years of active military service. 

5.  The applicant’s Enlisted Qualification Record (DA Form 20) verifies that the applicant served in C Company (Ranger), 75th Infantry Regiment, RVN, as an infantryman, from 14 February 1969 to 22 January 1970.  It also confirms in item 40 (Wounds) that he received a gunshot wound to the abdomen and neck (multi small holes, extensive high velocity injury to abdominal wall) on 18 November 1969.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no derogatory information that would have disqualified him from receiving the Army Good Conduct Medal and there is no evidence that he was ever disqualified from receiving the award by any of the unit commanders for which he served.

7.  A USARV Form 130-R on file confirms that on 18 November 1969, while on security guard for radio relay, the applicant was mistakenly shot while trying to verify enemy movement he heard and was treated for this wound at the 
24th Evacuation Hospital.  

8.  Army Regulation 600-8-22 prescribes the policy for the Army awards program. Paragraph 2-8 contains the policy for awarding the PH and it states, in pertinent part, that the PH 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 and the medical treatment must have been made a matter of official record.  Paragraph 2-8b(6) states, in pertinent part, that individuals wounded or killed as a result of friendly fire in the heat of battle will be awarded the PH as long as the friendly projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.  

9.  Paragraph 2-13 of Army Regulation 600-8-22 provides guidance on awarding the Vietnam Service Medal and it states, in pertinent part, that one bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN.  

10.  Chapter 4 of the awards regulation provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  It also specifies that each 3 years served on active duty is a qualifying period for the award if a member is otherwise qualified and further that any disqualification must be justified.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned received the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized by Department of the Army General Order (DAGO) Number 8, issued in 1974; and the Republic of Vietnam Civil Actions Honor Medal Unit Citation, authorized in DAGO Number 42, issued in 1972.

CONCLUSIONS:

1.  The evidence of record confirms that the applicant was wounded by friendly fire while serving in the RVN on 18 November 1969, when he was mistaken for the enemy while trying to verify enemy movement.  He was treated for this wound at the 24th Evacuation Hospital and this treatment was confirmed in a USARV casualty report and his DA Form 20.  Therefore, the Board concludes he meets the regulatory criteria necessary to be awarded the PH and it finds it would be appropriate to add this award to his record at this time. 

2.  In addition, the record verifies that the applicant served a qualifying period of service that entitles him to receive the AGCM.  Therefore, given there is no derogatory information on file that would disqualify him from receiving this award, and lacking a formal disqualification by any of his unit commanders, the Board concludes it would be appropriate to add the AGCM to his record at this time.

3.  The record also confirms that based on his unit service in the RVN, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal Unit Citation; and 3 bronze service stars with his Vietnam Service Medal as a result of his campaign participation. Thus, the Board finds these awards should also be added to his record 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 for the individual concerned be corrected by:

a.  awarding him the Purple Heart based on his having been wounded in action on 18 November 1969, while serving as a specialist four/E-4 in the RVN;

b.  awarding him the Army Good Conduct Medal, for his 3 year period of honorable active military service from 26 June 1967 to 25 June 1970; and 

c.  by showing that based on his unit service in the RVN he earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal Unit Citation, and 3 bronze service stars for his Vietnam Service Medal as a result of his campaign participation. 

BOARD VOTE:  

__FNE __   _ _TSK __  __JTM     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __Fred N. Eichorn__
		        CHAIRPERSON

INDEX

CASE ID	AR2001061857	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/01/10	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.