PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           9 October 2003
	DOCKET NUMBER:  AR2003086688

	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 V. O’Connor, Jr.		Chairperson	
	Mr. Robert J. Osborn		Member	
	Ms. Eloise C. Prendergast		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.

3.  The applicant states that he was wounded on 20 or 21 June 1970 while serving in Cambodia.  He goes on to state that he was serving with Company A, of the 11th Armored Cavalry Regiment and after being wounded in the left hand and left leg, he was evacuated to the 93rd Evacuation Hospital in Long Binh, then to Cam Ranh Bay and then to Camp Drake, Japan.  He continues by stating that he was later sent to Walter Reed Army Hospital and was eventually transferred to Fort Benning, Georgia, to complete his service.  He also states that at the time he was being evacuated to Cam Ranh Bay, someone placed a paper to his shirt that indicated "Heart Awarded"; however, he never received it.  In support of his application he submits a copy of his Veteran Benefit Award showing that he is receiving disability compensation from the Department of Veterans Affairs (VA) for service connected disability for a wound to the left hand and wrist and the left leg and calf.

4.  The applicant’s military records show that he was inducted in Raleigh, North Carolina, on 13 March 1969, and was transferred to Fort Bragg, North Carolina, to undergo his basic combat training (BCT).  He completed his BCT and was transferred to Fort Knox, Kentucky, to undergo his advanced individual training (AIT) as an armor reconnaissance specialist in military occupational specialty 11D.  He successfully completed his training and was transferred to Vietnam on 20 September 1969.  He was assigned to A Troop, 1st Squadron, 11th Armored Cavalry Regiment and on 8 January 1970, he was advanced to the rank of specialist four (SP4).

5.  His records show that on 19 June 1970, he was evacuated to the 249th General Hospital (Japan) and on 11 July 1970, he was transferred to Walter Reed Army Medical Center in Washington, D.C., where he remained until he was transferred to Fort Benning on 17 August 1970.

6.  He remained at Fort Benning until he was honorably released from active duty (REFRAD) on 12 March 1971, due to the expiration of his term of service.  He had served 2 years of total honorable service and his report of separation (DD Form 214) shows that he was awarded the National Defense Service Medal, the Army Good Conduct Medal, the Combat Infantryman Badge (CIB), the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with 1960 Device.

7.  A review of the available records fails to show that he was ever awarded the Purple Heart and his Enlisted Qualification Record (DA Form 20) shows no entries for "Wounds" in item 40.  Additionally, his name is not recorded on the Vietnam Casualty Listing.  However, his records do show that he was awarded a temporary physical profile for temporary duty restrictions due to multiple fragment wounds – (L) Hand and Wrist: contusion of left median nerve. 

8.  During his separation physical examination, the examining physician noted abnormal conditions of the upper and lower extremities.  His explanation notes "Shrapnel wound left median nerve, possible carpal tunnel syndrome, tenderness over area of old scar volar aspect.  Left wrist, no weakness of hand, no anesthesia to pin prick.  Paresthesias over median aspect left ankle and foot.

9.  In the processing of this case a staff member of the Board researched unit records at the National Archives in College Park, Maryland, to ascertain if there was a record of the Purple Heart being awarded by the applicant's unit.  While there was no record of such an order in those files, a review of the Daily Staff Journals (DA Form 1594) confirms that the applicant's unit was in fact engaging the enemy in Cambodia during the period the applicant claims he was wounded.

10.  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.

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 also authorized awards of the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, and the Valorous Unit Award (VUA) during the period he was assigned to the unit.  

CONCLUSIONS:

1.  Although the applicant's medical records are not available for the Board to review, the Board finds it reasonable to presume that he was in fact wounded in action against the enemy on 19 June 1970, the date he was evacuated.  

2.  The Board also finds it reasonable to presume that medical officials extracted the information regarding his wounds from his medical records at the time he was issued a profile for multiple fragment wounds and noted the abnormalities associated with his fragment wounds on his separation physical.  Accordingly, the Board finds that it would be in the interest of justice to award him the Purple Heart at this time.
3.  The Board also notes that he is entitled to awards of the RVNGC w/Palm Unit Citation and the VUA, which should also be awarded at this time.

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 awarding the individual concerned the Purple Heart for wounds received in action against the enemy in Vietnam on 19 June 1970, while serving in the rank of SP4, and by awarding him the RVNGC w/Palm Unit Citation and the VUA.

BOARD VOTE:  

__rjo  ___  _ecp____  _rvo ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2003086688	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/10/09	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015/PH	
3.  189	110.0000	
4.		
5.		
6.