PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 May 2002
	DOCKET NUMBER:   AR2002070288

	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. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		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, in effect, that he be awarded the Purple Heart (PH). 

3.  The applicant states, in effect, that he was wounded during a fire fight and received medical treatment for his wounds in the field. In support of his application, he submits a copy of orders and citation that awarded him the Bronze Star Medal with “V” Device.

4.  The applicant’s military records show that that he entered the Army on 
24 January 1969, and that he was trained and served in military occupational specialty (MOS) 13A (Field Artilleryman).  On 28 August 1970, he was honorably released from active duty (REFRAD), by reason of early separation of overseas returnees, in the rank of private first class (PFC).

5.  The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the Republic of Vietnam (RVN) from 4 July 1969 to 2 August 1970.  It also shows that while serving in the RVN, he was assigned to C Battery, 2nd Battalion, 40th Artillery, 199th Infantry Brigade, and that he performed duties in MOS 13A.  This document also in Item 40 (Wounds) is blank and contains no entry that indicates he was wounded in action.

6.  The DA Form 20 shows that during his active duty tenure, the applicant earned the following awards: Bronze Star Medal with “V” Device; Army Commendation Medal; Vietnam Service Medal; RVN Campaign Medal with 60 Device; and National Defense Service Medal.  

7.  The applicant’s MPRJ also contained a copy of General Orders Number 1346, dated 23 May 1970, issued by Headquarters, United States Army Vietnam, RVN, which awarded him the Bronze Star Medal with “V” Device in the rank of specialist four, for heroism in connection with military operations against a hostile force on 18 April 1970.  The award orders contain a citation explaining the reason he earned this award.  It states, in pertinent part, that the applicant’s unit was attacked by a heavily armed battalion of North Vietnamese regular soldiers. The citation further states that the applicant continually took an exposed position without regard for his personal safety in order to engage the enemy despite his wounds and intense enemy fire.  Finally, it states that throughout the three hour battle the applicant fought courageously and successfully defended the fire base against overwhelming odds.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.  A wound is defined as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.  

9.  Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN.

10.  Table B-1 of Army Regulation 600-8-22 lists all campaigns, service requirements, and inscriptions for streamers.  This document confirms the applicant participated in four campaigns during his tenure in the RVN: Vietnam Summer-Fall 1969; Vietnam Winter-Spring1970; DA Sanctuary Counteroffensive; and Vietnam Counteroffensive Phase VII. 

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This document confirms that the applicant’s unit received the Meritorious Unit Commendation, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class during his assignment tenure in the RVN. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be awarded the PH and finds this claim has merit.

2.  By regulation, in order to award the PH an individual must have sustained a wound or injury in action, the wound or injury must have been treated by military medical personnel.  The evidence of record confirms the applicant was wounded in action against enemy forces on 18 April 1970, while displaying heroic valor that resulted in him being awarded the Bronze Star Medal with “V” Device.    Therefore, the Board concludes the regulatory guidance burden of proof has been satisfied in this case and the applicant should be awarded the PH at this time.  

3.  In addition, the applicant’s award of the Bronze Star Medal with “V” Device is not included in the list of awards in his separation document (DD Form 214).  Therefore, the Board concludes it would be appropriate to add this award to his DD Form 214 at this time.

4.  The record also confirms that during his assignment tenure in the RVN, he participated in four campaigns and the unit in which he served was awarded, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the Board also concludes that it would be appropriate to add these awards to his record at this time.

5.  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:  awarding him the Purple Heart, for being wounded in action on 18 April 1970, while serving as a specialist four in the RVN; showing he earned the Bronze Star Medal with “V” Device; showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with 4 bronze service stars for his unit service in the RVN; and providing him a corrected separation document that reflects these awards. 

BOARD VOTE:  

__MHM__  __KAN__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Melvin H. Meyer____
		        CHAIRPERSON

INDEX

CASE ID	AR2002070288	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/14	
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.	107.0015	
2.		
3.		
4.		
5.		
6.