PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            29 April 2003
	DOCKET NUMBER:   AR2002078526

	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. John N. Slone		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Bernard P. Ingold		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 in Vietnam during a mortar attack on 11 January 1969.  He further states that he was treated in the field by medics, but was never awarded the Purple Heart.  In support of his application he submits a letter from his company commander at the time, which corroborates his claim. 

4.  The applicant’s military records show that he was inducted in Atlanta, Georgia, on 10 April 1968.  He successfully completed his training and was transferred to Vietnam on 9 September 1968.  He was assigned to Company B, 4th Battalion, 12 Infantry Regiment, 199th Infantry Brigade for duty as a light weapons infantryman.  He was advanced to the pay grade of E-3 on 21 September 1968.

5.  He departed Vietnam on 29 August 1969 and was transferred to Fort Dix, New Jersey, where he remained until he was honorably released from active duty on 9 April 1970.  He had served 2 years of total active service and was awarded the Good Conduct Medal, the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, and the Army Commendation Medal.

6.  A review of the available records fails to show any evidence that the applicant was wounded or injured in Vietnam.  However, the supporting statement submitted by the applicant with his application is from his company commander at the time.  The commander confirms that the applicant was wounded during a mortar attack on 11 January 1969 and he (the commander) presumed that he had been awarded the Purple Heart along with others who were wounded during the attack.  However, he assumes responsibility for the oversight and requests that the applicant be awarded the Purple Heart that he earned.

7.  A review of unit records at the National Archives in College Park, Maryland failed to reveal that the applicant was wounded; however, units records (Duty Officer's Log) show that the applicant's unit did in fact undergo a mortar attack on 11 January 1969 at 2134 hours and resulted in five casualties, of which three required evacuation.  Additionally, four soldiers were wounded by a booby trap explosion.

8.  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.

9.  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 subsequently awarded the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for the period the applicant was assigned.  His unit also participated in four campaigns during his assignment which would entitle him to be awarded four bronze service stars for wear on his already awarded VSM.

CONCLUSIONS:

1.  Although the evidence of record has failed to show that the applicant was wounded in action against the enemy and that the treatment of his wound was made a matter of record, the statement from the company commander at the time, as well as records from the National Archives to corroborate the attack, is sufficiently convincing enough to show that he was in fact wounded on 11 January 1969 and that the failure to record the treatment and award him the Purple Heart was the result of administrative oversight.

2.  Accordingly, the Board finds that as a matter of equity and in the interest of justice, the applicant should be awarded the Purple Heart at this time. 

3.  Additionally, the Board finds that he is entitled to be awarded the     RVNCAHM –FC Unit Citation, the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his already awarded VSM

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 him the Purple Heart for wounds received in action on 11 January 1969 while serving in the pay grade of E-3, the    RVNCAHM – FC Unit Citation, the RVNGC w/Palm Unit Citation, and four bronze service stars for wear on his already awarded VSM.

BOARD VOTE:  

___bpi __  ___js____  ___tl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2002078526	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/04/29	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  140	107.0094/RVNGC	
3.  141	107.0095/RVNCAHM	
4.		
5.		
6.