PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 October 2001
	DOCKET NUMBER:   AR2001057243

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Harry B. Oberg		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 his records be corrected to reflect his award of the Purple Heart.

3.  The applicant states, in effect, that he was awarded the Purple Heart for wounds received in Vietnam on 26 March 1969; however, the award was never entered on his separation document (DD Form 214).  He goes on to state that he never noticed the omission of the Purple Heart until just recently when he was informed by officials at the Veterans Administration that he would be entitled to more benefits if the award of the Purple Heart was documented.  He also states that he has the medal he was issued but is unable to locate copies of the orders. In support of his application he submits a copy of a Western Union Telegram from the Adjutant General of the Army to his parents informing them that he had been slightly wounded in action against the enemy on 26 March 1969. 

4.  The applicant’s military records show that he was inducted on 28 August 1968.  He successfully completed his training and was transferred to Vietnam on 21 January 1969 for duty as a light weapons infantryman with the 1st Cavalry Division.

5.  His records show that he received fragmentation wounds to the neck on 26 March 1969.  However, there is no indication that a Purple Heart was issued.

6.  He completed his tour of duty in Vietnam and was transferred to Fort Lewis, Washington, where he remained until he was honorably released from active (REFRAD) duty on 7 June 1970.  He had served 1 year, 9 months and 7 days of total active service and was REFRAD early to attend school.  His DD Form 214 shows that he was awarded the Combat Infantryman Badge, two awards of the Army Commendation Medal (one with a “V” device for valor), the National Defense Service Medal, the Air Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

7.  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.

8.  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 units the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM - FC) and the Valorous Unit Award (VUA) for the period in which he served. 

CONCLUSIONS:

1.  There is sufficient evidence to show that the applicant was wounded on 26 March 1969 while serving as an infantryman in Vietnam and that he was treated by medical personnel.  

2.  Therefore, given the applicant’s assertion that he was in fact awarded the Purple Heart at the time, it is reasonable to presume that the failure to enter the award in his records was the result of an administrative oversight.  Accordingly, it would be in the interest of justice to correct this error at this time.

3.  The Board also determined that the applicant is entitled to awards of the RVNGC w/Palm Unit Citation, the RVNCAHM – FC and the VUA for his service in Vietnam with units of the 1st Cavalry Division.  Although these awards were authorized subsequent to the applicant’s separation from active duty, the Board concluded, in the interest of equity, that the applicant’s record should be corrected to include these awards 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 showing that the applicant was awarded the Purple Heart and by awarding him the RVNGCw/Palm Unit Citation, the RVNCAHM – FC and the VUA.

BOARD VOTE:  

_hbo____  __cla____  ___ao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L. Adolphi ____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057243	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.  140	107.0094/RVNGC	
4.  141	107.0095/RVNCAHM	
5.  79	107.0033/VUA	
6.