PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           22 October 2002                   
	DOCKET NUMBER:   AR2002071002

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, 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 that he be awarded the Purple Heart (PH).

3.  The applicant states that he was wounded while clearing a minefield in Vietnam.

4.  The applicant’s counsel states that the applicant is clearly entitled to the PH because he meets the specific criteria for that decoration.

5.  In support of his request the applicant submits a medical document showing that on 24 March 1969 the applicant had a 1.5 millimeter object removed from his right arm.  In that document, it was stated that the applicant was supervising the clearing of a minefield at the time he was wounded.  It was also stated that the wound was not a result of enemy action.

6.  The applicant’s military records show that he enlisted in the Regular Army on 18 July 1966 and was honorably discharged to accept a commission on 7 September 1967.

7.  The applicant remained on active duty in his commissioned status and served in Vietnam from 3 September 1968 to 16 August 1969, serving in the 557th Engineer Company from 6 September 1968 to 1 February 1969, and Company A, 31st Engineer Battalion from 2 February to 14 August 1969.  He was promoted to first lieutenant on 8 September 1968.

8.  While in the Republic of Vietnam (RVN), the applicant was given a US Army Officer Efficient Report (OER) for the period 19 November 1968 through 5 April 1969.  In that OER the report’s endorser stated “On the occasion of a detonation of an M-16 mine during clearing operations, [the applicant], although wounded remained in the uncharted minefield administering first aid and supervising the evacuation of 6 wounded men.”

9.  Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individual's killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapons fire, while directly engaged in armed conflict, other than as the result of an act of 

an enemy of the United States.  Individuals wounded or killed as a result of “friendly fire” in the “heat of battle” will be awarded the Purple Heart as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

10.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that during the period of the applicant’s assignment, the 31st Engineer Battalion was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Medal First Class.

CONCLUSIONS:

1.  Because the applicant was wounded as a result of the explosion of a friendly landmine, he was properly not awarded the PH, which was in accordance with the regulations in effect at the time.

2.  However, the Department of Defense Appropriations Act for fiscal year 1994 authorized the PH for wounds incurred as a result of friendly fire, retroactive to WWII; therefore, he is now entitled to the award of the PH.

3.  In addition, the applicant is also entitled to the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Medal First Class.

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 be corrected by:

	a.  showing that the individual concerned was awarded the PH for wounds he incurred in Vietnam; 

	b.  awarding to him the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Medal First Class; and

	c.  adding these awards to his DD Form 214.

BOARD VOTE:  

___fne___  ___slp__  ___eja___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002071002	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021022	
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.