PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 May 2002                   
	DOCKET NUMBER:   AR2002068906

	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. Joann Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Terry L. Placek		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.

3.  The applicant states that he was injured in a mine explosion on or about         7 February 1968.  He provides his Report of Transfer or Discharge, DD Form 214, and a copy of a clinical record as supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on 16 February 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 12B (Combat Engineer).

5.  The applicant arrived in Vietnam on or about 6 July 1967 and was assigned to Company C, 4th Engineer Battalion, 4th Infantry Division.  He was reassigned to Company D, 65th Engineer Battalion, 25th Infantry Division on 1 August 1967.

6.  The applicant’s Enlisted Qualification Record, DA Form 20, item 40 shows he was wounded on 30 January 1968 when he received a laceration chest wound and foreign matter in the eyes.  The Clinical Record provided by the applicant (the original is available) shows the applicant was admitted for treatment on      31 January 1968 for bilateral corneal opacity and abrasion from a mine explosion.  He was treated with antibiotics and discharged on 7 February 1968.  He is listed on the Republic of Vietnam Casualty Roster as being wounded in action, not serious, on 31 January 1968.

7.  General Orders 2161, Headquarters, 25th Infantry Division dated 2 April 1968 awarded the applicant the Army Commendation Medal with “V” device for heroism on 1 January 1968.  

8.  The applicant departed Vietnam on 29 June 1968 after receiving participation credit for three campaigns.  He was released from active duty on 14 February 1969.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Army Commendation Medal, the Vietnam Campaign Medal with device 1960, the Marksman Qualification Badge Rifle M-14, and the Expert Qualification Badge Rifle M-16.

9.  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.  The regulation also states that one bronze service star is worn on the appropriate service medal to denote each credited campaign.

10.  At the time, Army Regulation 600-200 prescribed policies pertaining to career management of Army enlisted personnel.  Chapter 9 provided guidance for the preparation and maintenance of the DA Form 20.  In pertinent part, it stated that a brief description of wounds or injuries requiring medical treatment, received through hostile or enemy action, would be entered in item 40.

11.  Department of the Army Pamphlet 672-3 shows that Company D, 65th Engineer Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 – August 1968 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period       1 August 1967 – 21 January 1970.

CONCLUSIONS:

1.  The Board concludes that there is sufficient corroborating evidence of record to show the applicant was wounded in action on 30 January 1968 and admitted for medical treatment of those wounds on 31 January 1968 and therefore he meets the eligibility criteria for award of the Purple Heart.

2.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and is entitled to these awards.

3.  There are two administrative errors on the applicant’s DD Form 214 with regard to the Army Commendation Medal and the bronze service stars to be worn on the Vietnam Service Medal.  He was assigned to Vietnam during three campaigns and so is authorized to wear three bronze service stars on the Vietnam Service Medal.  He was awarded the Army Commendation Medal for heroism and so is authorized to wear the Army Commendation Medal with “V” device.

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 30 January 1968.

2.  That the applicant’s DD Form 214 be amended to show he is authorized the Purple Heart, the Army Commendation Medal with “V” device, three bronze service stars with the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

BOARD VOTE:  

__jl____  __jns___  __tlp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Joann Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002068906	
SUFFIX		
RECON		
DATE BOARDED	20020509	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.