PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  28 February 2002
	DOCKET NUMBER:  AR2001065075

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John T. Meixell		Member	
	Ms. Celia L. Adolphi		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 award of the Purple Heart.

3.  The applicant states that he was wounded on 5 October 1969 in Vietnam 
by an enemy rocket that exploded in his room.  In a telephone call with the staff of the Board, the applicant stated that his wounds were lacerations to the feet and bleeding from the ears from the concussion.  He received an Army Commendation Medal (ARCOM) for Heroism in relation to the event for refusing to leave his wounded fellow soldier until he got medical attention in spite of rockets impacting the area.  He states he was asked if he wanted to be considered for a Purple Heart at that time and he turned it down because a fellow soldier had just died and he was still in a state of shock.

4.  The applicant’s military records show that he, a specialist five, was stationed at Muc Hoa, Vietnam, as a member of the 125th Aviation Company (Air Traffic Control), from 25 July 1969 to 19 July 1970.  He was awarded the ARCOM with V device by Headquarters, 1st Aviation Brigade, General Orders Number 6013, dated 19 November 1969, “For heroism in connection with military operations against a hostile force:  Specialist Five (the applicant) distinguished himself by exceptionally valorous actions when his compound at Moc Hoa came under an enemy rocket attack.  A rocket exploded in his room, wounding him and a fellow soldier slightly and another man fatally.  He put out a small fire in the room and began administering first aid to his mortally wounded comrade.  Despite rockets impacting in the area, he refused to seek safety but chose to remain until a medic arrived.  His courage and devotion to his fellow soldier were exemplary.  His actions were in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the United States Army.”  His wounding, however, is not listed on the Vietnam Casualty List nor in his medical records.

5.  The applicant’s records also show that he was awarded an ARCOM, first 
oak leaf cluster, for meritorious service in connection with military operations against a hostile force for the period July 1969 to July 1970, by Headquarters, 
1st Aviation Brigade, General Orders 5124, dated 17 June 1970.  The applicant’s DD Form 214 (Report of Transfer or Discharge) incorrectly only records award of an “Army Commendation Medal.”

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was given credit for participation in the 11th campaign (name not designated) 
in Vietnam as announced by Department of the Army message 2159, dated 
2 January 1970.  This campaign was identified as the Vietnam Summer-Fall 1969 Campaign which was conducted from 9 June 1969 through 31 October 1969.  The applicant was also present during the Vietnam Winter-Spring 1970 Campaign which was conducted from 1 November 1969 through 30 April 1970, and the Vietnam “DA” Sanctuary Counteroffensive which was conducted from 

1 May 1970 through 30 June 1970, and the Vietnam Counteroffensive, Phase VII, which was conducted from 1 July 1970 through 30 June 1971.

7.  His DA Form 20 also shows that he was awarded the Sharpshooter Marksmanship Badge with rifle bar by Headquarters, 53rd Aviation Battalion, Special Orders Number 198, dated 1968.

8.  The Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 125th Aviation Company, to which the applicant was assigned during the designated times, was awarded the Valorous Unit Award for the period 1 May through 29 June 1970, by 
DA General Orders (DAGO) 43, dated in 1973; and Republic of Vietnam (RVN) Civil Actions Honor Medal for the period 26 November 1969 through 1 February 1970, by DAGO 18, 79, amended DAGO 42, dated in 1972.

9.  The Department of the Army, General Orders Number 8, published in 1974, awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period of 
20 July 1965 to 28 March 1973.  Soldiers assigned in Vietnam during this time period are entitled to wear this foreign award.

10.  According to Army Regulation 600-8-22 (Military Awards), award of the Purple Heart is made to soldiers wounded, injured, or killed from an outside force or agent as a result of an action against an enemy or an act of any such enemy.  Concussion injuries caused as a result of enemy generated explosions can qualify for award of the Purple Heart but there must be a physical injury observed to qualify for a concussion injury.

CONCLUSIONS:

1.  The applicant should be awarded the Purple Heart based on the official record of his wounding by enemy action approved by his chain of command in the award of the ARCOM with V device for heroism as documented on the award citation and orders.

2.  The applicant’s DD Form 214 showing award of an ARCOM should be corrected to show that he received the ARCOM with V device, with first oak leaf cluster.  It should also show that he was awarded the Sharpshooter Marksmanship Badge with rifle bar.

3.  The applicant is also eligible for 4 bronze service stars on his Vietnam Service Medal as a result of assignment in Vietnam during the period of the campaigns cited above.  He is also eligible for award of the Valorous Unit Award, RVN Civil Actions Honor Medal, and the RVN Gallantry Cross with Palm Unit Citation.
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 for the individual concerned by:

	a.  awarding him the Purple Heart for wounds received by enemy action in Vietnam on 5 October 1969; and

	b.  showing that he was awarded the ARCOM with V device, with first oak leaf cluster; the Vietnam Service Medal with 4 bronze service stars; the Valorous Unit Award, the RVN Civil Actions Honor Medal, the RVN Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Badge with rifle bar.

BOARD VOTE:  

__ro____  __jm___  __ca___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Raymond V. O’Connor, Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR2001060075	
SUFFIX		
RECON		
DATE BOARDED	20020228	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015 – Purple Heart	
2.		
3.		
4.		
5.		
6.