PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 May 2002                   
	DOCKET NUMBER:   AR2001065251

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Christopher J. Prosser		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 Report of Transfer or Discharge, DD Form 214, be amended to add the Purple Heart.

3.  The applicant states that he was wounded in action on 15 November 1969.  He provides a letter from his commander at that time who substantiates his contention that he was wounded on 15 November 1969.

4.  The applicant’s military records show that he was inducted into the Army on 26 March 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  The applicant arrived in Vietnam and was assigned to Company A, 2d Battalion, 1st Infantry, 196th Infantry Brigade on 6 March 1969.  He departed Vietnam on 14 February 1970.  He was released from active duty on 20 February 1970.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Bronze Star Medal, and the Marksmanship Badge Rifle M-14.  His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency had been rated as excellent throughout his service.

6.  The letter provided by the applicant’s company commander states that the company came under attack when it went to the rescue of a downed resupply helicopter on 15 November 1969.  The company successfully defended the area around the downed helicopter with only one casualty – the applicant.  He was evacuated to the aid station and was later returned to the company.  The commander understood that the medic at the aid station had taken care of all the paperwork necessary to award the applicant the Purple Heart.  The commander’s statement is corroborated from his own award citation.

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 the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

8.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal 

military service completed on or after 27 August 1940 and, for the first award 
only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service. 

9.  Department of the Army Pamphlet 672-3 shows that the 2d Battalion, 1st Infantry was awarded the Valorous Unit Award for the period 11 – 31 August 1969 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August – 31 December 1969.  It also shows that Company A, 2d Battalion, 1st Infantry was awarded the Valorous Unit Award for the period         13 May – 1 June 1969.

CONCLUSIONS:

1.  The statements of individuals are normally inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.  However, in this case, the supporting statement from the applicant’s former company commander is credible evidence that the applicant did in fact receive the wounds claimed and was treated by competent battlefield medical personnel.

2.  The evidence of record shows that the applicant met the award criteria for award of the Army Good Conduct Medal.  The evidence of record also shows that his battalion was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and his company was awarded the Valorous Unit Award during a period of time he was assigned to the units and so he is entitled to those awards, also.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for wounds received on    15 November 1969 and the Army Good Conduct Medal for the period 26 March 1968 – 20 February 1970.

2.  That the applicant’s DD Form 214 be amended to add the Purple Heart, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Valorous Unit Award.

BOARD VOTE:  

__fne___  __wtm___  __cjp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001065251	
SUFFIX		
RECON		
DATE BOARDED	20020502	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.