PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           10 October 2002       
	DOCKET NUMBER:   AR2002075356

	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	
	M r. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 correction of his military records to show that he was awarded the Purple Heart. 

3.  The applicant states, in effect, that he is entitled to the Purple Heart for injuries he received after stepping on a U.S. landmine in Vietnam.  He has read recently where other soldiers were given the Purple Heart for injuries caused by friendly fire and believes his injuries should be similarly recognized.

4.  The applicant’s military records show that he entered the Regular Army on 16 January 1967.  He completed training as an Explosive Ordnance Specialist and achieved the rank of specialist five.  He served in the Republic of Vietnam (RVN) from 2 December 1968 through 30 August 1969, while assigned to the 85th and 42nd Ordnance Detachments.  On 6 May 1970, he was retired for permanent physical disability, his character of service was honorable, and he had completed a total of 3 years, 3 months and 21 days of creditable active service.  His separation document shows no lost time.

5.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), reflects that he was awarded the National Defense Service Medal, the Explosive Ordnance Disposal Badge, the Vietnam Service Medal, the Army Commendation Medal, and the Expert Badge (M-14).

6.  On 26 November 1969, the applicant was awarded the Soldier's Medal for heroism for actions he took on 5 August 1969 in the RVN.  He entered a landmine area to assist a wounded soldier and was then himself critically wounded.  The Soldier's Medal is not reflected on his DD Form 214; however, a copy of the General Order 4239, issued by Headquarters, U.S. Army Vietnam, on 26 November 1969, authorizing the award, is contained in his records.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

8.  The same regulation provides that a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  It shows the applicant was present for three campaigns: Vietnam Counteroffensive Phase VI; Tet 69 Counteroffensive 1969 and Vietnam Summer-Fall 1969 and is entitled to three Bronze Service Stars.

9.  The same regulation provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant’s assignment his unit was awarded the Meritorious Unit Commendation for the period 1 January through 31 December 1969 by Department of the Army General Order 2, dated 1971, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order 8, dated 1974.

CONCLUSIONS:

1.  As described in the narrative for his Soldier's Medal, the applicant was wounded by stepping on a landmine originally deployed by U.S. Forces.  If the applicant had stepped on the landmine through his own negligence the incident would be considered an accident and he would not be entitled to the Purple Heart.  However, the applicant's records reveal his injuries were incurred while performing a heroic lifesaving act.  A landmine is armed and released with the full intent of inflicting damage or destroying enemy troops or equipment.  Therefore, the evidence of record shows that the applicant is entitled to the Purple Heart by virtue of the wounds he suffered in Vietnam on 5 August 1969.  He is also entitled to have the award shown on his DD Form 214.

2.  Similarly, the applicant’s service was meritorious, as evidenced by his promotion to specialist five and award of the Army Commendation Medal for meritorious service.  Since the record is also devoid of any evidence of disciplinary action taken against him, it would appear that the absence of the Army Good Conduct Medal for the period of his service from 16 January 1967 through 6 May 1970 was an oversight and he is entitled to the award and to a correction of his records to show this award.

3.  The applicant was assigned to a unit when it was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show award of these unit awards.

4.  The applicant participated in three campaigns during his service in Vietnam; therefore, he is entitled to three Bronze Service Stars to be worn on his Vietnam Service Medal.

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 be corrected by:
a.  showing that the individual concerned was awarded the Purple Heart for wounds received in Vietnam on 5 August 1969; and

b.  showing he was awarded the Soldier's Medal, the Army Good Conduct Medal, the Meritorious Unit Commendation, three bronze service stars to be worn on his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

____rjw__  ____rwa_  ___jtm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Raymond J. Wagner_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002071529	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021010	
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.