PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            12 June 2003
	DOCKET NUMBER:   AR2002080587

	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. John P. Infante		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 believes that he should have been awarded the Purple Heart for a wound he received in Vietnam when a piece of shrapnel hit him in the inner left thigh.  He goes on to state that at the time he was feeding a machinegun when he was struck by shrapnel and that his adrenalin was running so high he did not even notice it and he still has a piece of the shrapnel in him.  He further states that following the battle, his priority was to help those more seriously wounded rather than insuring that he received a Purple Heart.

4.  The applicant’s military records show that he enlisted on 31 July 1968 for a period of 2 years.  He successfully completed his training as a light weapons infantryman and was transferred to Vietnam on 2 January 1969.  He was initially assigned to Company D, 14th Engineer Battalion for duty as a pioneer.  A week later he was assigned to the battalion as a construction draftsman.  On 12 May 1969, he was reassigned to A Company, 1st Battalion, 2nd Infantry Battalion, for duty as a rifleman.  His Enlisted Qualification Record (DA Form 20) shows that he was wounded in the left leg on 30 June 1969 and was awarded the Combat Infantryman Badge (CIB) on 9 July 1969.  He was promoted to the pay grade of E-5 on 5 November 1969.  There is no indication that he was ever awarded the Purple Heart for his wound.

5.  He departed Vietnam on 31 December 1969 and was transferred to Fort Lewis, Washington, where he remained until he was honorably released from active duty on 30 July 1970, due to the expiration of his term of service (ETS).  He had served 2 years of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal and the Good Conduct Medal and the CIB.

6.  A review of his official records shows that on 11 May 1970, he underwent a separation medical/physical examination in which he indicated at that time that he had a bullet wound in the left leg from Vietnam that bothered him.  The physician's summary indicates that it was a shrapnel wound and that the shrapnel was still present.

7.  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.

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 applicant’s unit 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) Unit Citation and the Valorous Unit Award (VUA) for service in Vietnam during the period the applicant was assigned.  It also shows that he participated in four campaigns during his assignment in Vietnam and is entitled to be awarded four bronze service stars for wear on his already awarded VSM.

CONCLUSIONS:

1.  The Board finds that there is sufficient evidence in the available records to show that the applicant was in fact wounded in Vietnam and should have been awarded the Purple Heart for his wound.  Accordingly, it would be in the interest of justice to do so at this time.

2.  The Board also finds that he should have been awarded the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the VUA and four bronze service stars for wear on his already awarded VSM.  Therefore it would be appropriate to do so at this time and to correct his records accordingly.

3.  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 on 30 June 1969 and by awarding him the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the VUA and four bronze service stars for wear on his already awarded VSM. 

BOARD VOTE:  

___jpi___  ___ecp__  ___rvo __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2002080587	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/06/12	
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/VNGC	
3.  141	107.0095/RVNCAHM	
4.  79	107.0033/VUA	
5.		
6.