PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 August 2002
	DOCKET NUMBER:   AR2002069942

	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. Joann H. Langston		Chairperson	
	Mr. Raymond V. O’Connor		Member	
	Ms. Barbara J. Lutz		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 awarded the Purple Heart, Air Medal and any other awards to which he is entitled.

3.  The applicant states that he was wounded in South Vietnam, however, it was never made a matter of record and he was not awarded the Purple Heart.  He further states that he was wounded in the mouth, face and left shoulder area on 26 February 1968.  He continues by stating that he should also have been awarded the Air Medal.  In support of his application he submits a copy of his report of separation (DD Form 214), copies of orders awarding him the Combat Infantryman Badge (CIB), copies of orders awarding other members of his unit the Purple Heart on the same date, a letter from his wife, letters from his platoon sergeant and platoon leader of his unit and copies of civilian dental treatment records. 

4.  The applicant’s military records were not available for review by the Board.  However, the documents provided by the applicant with his application show that he was inducted on 18 July 1967.  He completed his training and was transferred to Vietnam for duty as a light weapons infantryman.  He was initially assigned to Company B, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division.

5.  He was awarded the CIB on 21 March 1968 and was advanced to the pay grade of E-4 on 7 June 1968.  He was subsequently assigned to the 137th Ordnance Company, where he remained until he was honorably released from active duty at Oakland Army Base, California, on 14 July 1969.  He had served 1 year, 11 months and 27 days of total active service and was awarded the CIB, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal and the National Defense Service Medal.

6.  A review of casualty files and unit historic files located at the National Archives in College Park, Maryland, failed to show that the applicant was ever treated for wounds that were the result of enemy action or that he was reported as a casualty.  They also fail to show that he was recommended for an award of the Air Medal.

7.  The supporting statements from two individuals who served as the platoon leader and platoon sergeant offer essentially two different views as they relate to the applicant’s request.  The platoon sergeant asserts that the applicant was injured during a helicopter insertion in which they were attacked by the enemy prior to sit-down and had to jump from the helicopter.  He also asserts that the applicant was medically evacuated to a hospital the next day and returned 5 days later.  The platoon leader’s statement asserts that the applicant was exposed to Agent Orange with the rest of his unit and that he was eventually transferred out of the unit because the chaplain felt that he had become a danger to himself and the unit because of the experiences he had undergone since arrival in Vietnam.
8.  The supporting statement from his wife serves to explain the applicant’s behavior changes since his return from Vietnam and assert that the applicant suffers from Post Traumatic Stress Disorder (PTSD).

9.  The orders provided by the applicant contain a list of soldiers from his unit who were awarded the Purple Heart for wounds received in action against an armed enemy on 26 February 1968.  The applicant’s name is absent from those orders.

10.  The civilian dental documents provided by the applicant indicate that he had dental work done in 2000 to replace and repair teeth he claims were lost or damaged while in the service.

11.  Army Regulation 672-5-1, in effect at the time, prescribed the criteria for award of the Air Medal.  It states, in pertinent part, that award of the Air Medal is primarily intended to recognize those personnel who are on current crewmember or non-crewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their duties.  However, it may also be awarded to certain other individuals whose combat duties require regular and frequent flying in other than a passenger status, or individuals who perform a particularly noteworthy act while performing the function of a crewmember, but who are not on flying status.  These individuals must make a discernible contribution to the operational land combat mission or the mission of the aircraft in flight.

12.  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.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to his departure, the applicant’s unit was awarded the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation, the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Presidential Unit Citation (PUC) for the period he was assigned.  

CONCLUSIONS:

1.  The Board has noted the applicant’s contentions and supporting statements.  However, given the lack of medical documentation to substantiate his wounds/injuries or the treatment he received at the time, the Board finds that there is insufficient evidence to warrant approval of the Purple Heart at this time.

2.  The Board also finds no evidence to show that he was recommended for an award of the Air Medal.  Accordingly, there is no basis to approve that award as well.

3.  However, the Board was able to determine that he is entitled to awards of the RVNCAHM-FC Unit Citation, the RVNGC w/Palm Unit Citation and the PUC.  Accordingly, it would be in the interest of justice to award them to him at this time and correct his records accordingly.

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 individual concerned the RVNCAHM-FC Unit Citation, the RVNGC w/Palm Unit Citation and the PUC, and to correct his records accordingly.

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

BOARD VOTE:  

__jhl ____  ___bjl___  __rvo ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2002069942	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  64	107.0018/AM	
3.  77	107.0031/PUC	
4.  140	107.0094/RVNGC	
5.  141	107.0095/RVNCAHM	
6.