PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            26 August 2003
	DOCKET NUMBER:   AR2003085165

	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. Raymond J. Wagner		Chairperson	
	Mr. Robert Duecaster		Member	
	Ms. Marla J. Troup		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 his records be corrected to show that he was released from active duty (REFRAD) in the pay grade of E-6 (SSG) and by awarding him the Purple Heart.

3.  The applicant states that he was promoted to the pay grade of E-6 prior to his REFRAD and he was wounded in Vietnam and was subsequently hospitalized in Vietnam and Japan; however, his records were never updated to reflect this information.  He is attempting to obtain medical benefits through the Department of Veterans Affairs (VA) and the award of the Purple Heart would change his priority group. 

4.  The applicant’s military records show that he enlisted in Portland, Oregon, on 18 October 1966 for a period of 3 years and training as a field wireman.  He completed his basic combat training at Fort Lewis, Washington, and his advanced individual training (AIT) at Fort Ord, California.  Upon completion of his AIT he was transferred to Fort Sill, Oklahoma, to attend officer candidate school (OCS).  He did not complete OCS and was transferred to Fort Carson, Colorado on 1 June 1967 in the rank of private first class (PFC).  He remained at Fort Carson until he was transferred to Vietnam on 28 November 1967.  He was assigned to Company D, 4th Battalion, 31ST Infantry Regiment.

5.  On 4 January 1968, the applicant was wounded by shell fragments from a mortar round and was hospitalized for treatment.  The clinical record contained in his records indicates that he was transferred from the 1st Marine Division Hospital to the 85th Evacuation Hospital in Vietnam to the 7th Field Hospital in Japan.  It specifies that no Purple Heart was awarded at the hospital.  He was classified as a battle injury incurred in the line of duty.

6.  He was returned to his unit on 16 March 1968 and was advanced to the pay grade of E-4 on 20 April 1968 and to the pay grade of E-5 on 30 October 1968.  He remained in Vietnam until 23 November 1968, when he was transferred to Fort Ord.

7.  Although his records do not contain promotion orders, his records contain documents which show that he was serving in the pay grade of E-5 in September 1969 and in October 1969, he was serving in the pay grade of E-6 and he cleared the installation in the pay grade of E-6. 

8.  On 17 October 1969, he was honorably REFRAD in the pay grade of E-5, with a date of rank of 30 October 1968.  He had served 3 years of total active service and was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, and the Good Conduct Medal.  He was transferred to the United States Army Reserve Control Group (Standby) until he was honorably discharged in the pay grade of E-6 on 17 October 1972.

9.  A review of his records also shows that he was awarded the Army Commendation Medal (ARCOM) for meritorious service in Vietnam during the period of November 1967 to November 1968.  However, that award was never reflected on his records.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury 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.

11.  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 the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Valorous Unit Award (VUA) for service in Vietnam during the period the applicant was assigned.  It also shows that he participated in five campaigns during his assignment in Vietnam and is entitled to be awarded one silver service star for wear on his already awarded VSM.

CONCLUSIONS:

1.  The applicant's contention that he was wounded in combat in Vietnam and was treated for those wounds, is clearly supported by the evidence of record.  It appears that an administrative oversight resulted in his not being awarded the Purple Heart for which he was and still is entitled to receive.

2.  Accordingly, the Board finds that it would be in the interest of justice to award him the Purple Heart for wounds received in Vietnam on 4 January 1968, while serving in the rank of PFC.

3.  Although there are no orders in the available records, there is sufficient evidence to show that in October 1969, he was in fact serving in the pay grade of E-6.  Therefore, it must be presumed that his orders did not make it to his records before he was REFRAD.  Accordingly, the Board finds that his records should be corrected to show that he was promoted to the pay grade of E-6 on 1 October 1969 and that he was REFRAD in that rank.

4.  The Board also notes that he was awarded the ARCOM, which was never entered on his records.  Therefore it would be appropriate to do so at this time.

5.  Additionally, he was entitled to be awarded the RVNGC w/palm Unit Citation and the VUA.  Therefore, they should also be awarded at this time.

6.  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 against the enemy in Vietnam on 4 January 1968, while serving in the rank of PFC.

	b.  by awarding him the RVNGC w/Palm Unit Citation and the VUA; and

	c.  by showing that he was awarded the ARCOM and was promoted to the pay grade of E-6 on 1 October 1969.

BOARD VOTE:  

___rjw __  ___mt___  ___rld___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2003085165	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/08/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  79	107.0033/VUA	
3.  140	107.0094/RVNGC	
4.  189	110.0000/CORR 214	
5.		
6.