PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            23 MAY 2002                  
	DOCKET NUMBER:   AR2002068196

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen Y. Fletcher		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 he sustained a broken left foot as a result of hostile action.  He submits copies of medical records showing that he was treated on various occasions in May and June 1968 for injury to his left foot. 

4.  The applicant’s military records show that he enlisted in the Army for three years on 24 August 1966.  He completed training and in February 1967 was assigned to Fort Stewart, Georgia as a construction and utilities worker.  He was awarded the Marksman Qualification Badge with rifle bar.  In March 1968 he was assigned to Company B, 69th Engineer Battalion in Vietnam, and in December 1968 to the 36th Engineer Battalion. 

5.  A 12 May 1968 casualty report shows that the applicant sustained a broken left foot while taking cover during a hostile mortar attack.  That report indicates that his injury was the result of hostile action.  A telegram to the applicant’s next of kin shows that the applicant was slightly wounded on 5 May 1968 as a result of hostile action, receiving a broken left foot while in base camp when taking cover during a hostile mortar attack.

6.  On 10 October 1968 the applicant was promoted to Specialist Five, pay    grade E-5.  

7.  On 15 February 1969 the applicant was assigned to the 35th Engineer Battalion.  The applicant completed his tour in Vietnam and returned to the United States.  He participated in five campaigns during his tour in Vietnam (Tet Counteroffensive; Vietnam Counteroffensive, Phase IV; Vietnam Counteroffensive, Phase V; Vietnam Counteroffensive, Phase VI; Tet 69 Counteroffensive, 1969).  Both the 69th Engineer Battalion and the 36th Engineer Battalion were awarded the Meritorious Unit Commendation for their actions during the period the applicant was assigned to those units.  The units to which he was assigned were awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for their actions while he was assigned to those units.  

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not show that he was wounded in action.  

9.  He was released from active duty on 3 April 1969.  He had 2 years, 7 months, and 8 days of service and 2 days of lost time.  His DD Form 214 shows award of the National Defense Service Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal.  It does not show award of the Purple Heart.

10.  Army Regulation 600-8-22 provides 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, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  The applicant sustained an injury to his foot as a result of hostile action.  He is entitled to award of the Purple Heart.

2.  The applicant is entitled to award of the Meritorious Unit Commendation (first oak leaf cluster), the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with one silver service star (denoting participation in five campaigns), and the Marksman Qualification Badge with rifle bar. 

3.  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 showing that the individual concerned was awarded the Purple Heart, the Meritorious Unit Commendation (first oak leaf cluster), the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with one silver service star, and the Marksman Qualification Badge with rifle bar.

BOARD VOTE:  

__MDM  _  __LE ___  __KYF   _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mark D. Manning_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002068196	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020523	
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.	107.00	
2.		
3.		
4.		
5.		
6.