PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 August 2003
	DOCKET NUMBER:   AR2003083623

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		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 that he be awarded the Purple Heart for wounds received in Vietnam.

3.  The applicant states that his first sergeant (1SG) put him in for an award of the Purple Heart; however he never received it.  In support of his application he submits letters from three former members of his unit in Vietnam who attests that he was wounded and was treated by medics.

4.  The applicant’s military records show that he enlisted in the Regular Army from the Army National Guard (ARNG) on 27 April 1967 for a period of 3 years.  He completed his training and was transferred to Vietnam on 2 April 1968.  He was assigned to E Troop, 17th Cavalry, 173rd Airborne Brigade.  He was advanced to the pay grade of E-4 on 11 November 1968 and served as a light weapons infantryman, a light truck driver, and an infantry indirect fire crewman during his assignment.  He extended his tour in Vietnam and after 20 months, he departed Vietnam on 22 November 1969.  He was transferred to Fort Bragg, North Carolina, on 16 January 1970 and remained there until he was honorably discharged on 31 March 1970.  He had served 2 years, 10 months and 22 days of active service during his enlistment and was awarded the National Defense Service Medal, the Parachutist Badge, the Aircraft Crewman Badge, the Army Commendation Medal, the Republic of Vietnam Campaign Medal, the Air Medal and the Vietnam Service Medal. 

5.  A review of the available records fails to show any indication that the applicant was wounded or that he was recommended for award of the Purple Heart.  A review of the Vietnam Casualty Listing failed to reveal that the applicant had been reported as a casualty.

6.  The applicant again enlisted in the ARNG on 14 April 1980 and continued to serve in the Reserve Components until he was transferred to the United States Army Reserve (USAR) Control Group (Retired) on 4 June 1994.

7.  The supporting statements submitted by the applicant from former members of his unit in Vietnam consists of a statement from the unit first sergeant at the time (a retired command sergeant major), a former staff sergeant (retired command sergeant major) and a former private first class (retired first sergeant).

8.  The statement from the former first sergeant indicates that on 7 June 1968, he and the applicant, who was serving as his driver, were ambushed and the applicant was hit in the lower leg with shrapnel.  They stopped the jeep after clearing the ambush and rendered first aid and upon arrival at camp, a medic removed the shrapnel and dressed the wound.  He further states that he submitted the applicant for a Purple Heart and to his surprise, the applicant never received it.

9.  The letter from the former staff sergeant indicates that while he did not see the applicant being wounded, he served with the applicant and did know that he had been wounded while driving for the first sergeant.

10.  The statement from the former private first class indicates that he was present at the time they were ambushed and he recalls the applicant being hit by a piece of shrapnel while en route with the first sergeant.  He also states that the applicant was treated by a medic and was returned to duty.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

12.  That regulation also provides that a bronze service star is worn on the VSM to denote participation in a designated campaign.  A silver service star is worn to denote participation in five campaigns.

13.  Department of the 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 the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation for the period he served with the unit.  The applicant participated in six campaigns during his assignment in Vietnam.

14.  In 1986, the Army Reserve Personnel Center authorized the issuance of the Air Medal with numeral 7, the Good Conduct Medal (AGCM), the VSM with one silver and one bronze service star, the Combat Infantryman Badge (CIB) and the RVNGC w/Palm Unit Citation.  However, there is no evidence in the available records to show that they were ever added to his report of separation (DD Form 214).

CONCLUSIONS:

1.  Although the standard evidentiary documentation required for awarding the Purple Heart is not present in this case, the Board finds that the statements submitted by three former members of the applicant's unit at the time, of which one was the first sergeant at the time, is sufficiently creditable to substantiate his claim that he was wounded on 7 June 1968 and that he was treated by medical personnel.

2.  Accordingly, the Board finds that it would be in the interest of justice to award him the Purple Heart for wounds received in action in Vietnam on 7 June 1968, while serving in the rank of specialist four.

3.  The Board also finds that he is entitled to be awarded the RVNCAHM-FC Unit Citation and to have his records corrected to reflect awards of the RVNGC w/Palm Unit Citation, the AGCM, the CIB, and the VSM with one silver and one bronze service star.

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:

a.  by awarding the individual concerned the Purple Heart for wounds received in action in Vietnam on 7 June 1968, while serving in the rank of specialist four. 

	b.  by awarding him the RVNCAHM-FC Unit Citation; and

	c.  by showing that he was awarded the RVNGC w/Palm Unit Citation, the CIB, the AGCM, and the VSM with one silver and one bronze service star.

BOARD VOTE:  

___fe ___  ___jm___  __mvt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003083623	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/08/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.