PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 August 2001
         DOCKET NUMBER: AR2001056057


         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:

Ms. Margaret K. Patterson		Chairperson
Mr. Thomas B. Redfern, III		Member
Ms. Regan K. Smith		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.

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2. The applicant requests that he be awarded the Purple Heart.

3. The applicant states that he received a shrapnel wound to his right knee while in Cambodia on 20 June 1970.

4. The applicant’s military records show that he was inducted into the Army on 4 June 1969. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5. The applicant’s Enlisted Qualification Record, DA Form 20, from this period of service is not available. His Report of Transfer or Discharge, DD Form 214, shows that he was assigned to Vietnam on 10 May 1970. Available assignment orders show that he was assigned to Company B, 4^th Battalion, 9^th Infantry, 25^th Infantry Division on 28 May 1970. He was released from assignment on 8 November 1970 and ordered to report to the 15^th Replacement Depot, 1^st Cavalry Division. He was assigned to Company A, 1^st Battalion, 5^th Cavalry, 1^st Cavalry Division on 14 November 1970.

6. The applicant provides two supporting statements from B___ and N___. Both stated they were platoon mates of the applicant on 19 or 20 June 1970 in Cambodia. N___ stated a round fell into their midst. He was stunned from the concussion but noticed the applicant, who was closer to the center of impact, was bleeding from his ear and assumed he was also more severely wounded. B___ stated the applicant received shrapnel in the right leg and was bleeding from both ears. He also stated that the platoon medic was wounded and medically evacuated to a hospital and did not join them in the field again.

7. The DA Forms 20 of B___ and N___ were obtained and it was verified that they both were in the 4^th Battalion, 9^th Infantry during the same time period as the applicant (B___ in Company A and N___ in Company B).

8. A review of unit files showed that both the 1^st and 2d Brigades of the 25^th Infantry Division were involved in operations in Cambodia during the period 15 May to 30 June 1970. A list of the 25^th Infantry Division task organizations for the period 6 May through 30 June 1970 showed the 4^th Battalion, 9^th Infantry as being under the operational control of the 2d Brigade.

9. The applicant had been awarded the Army Commendation Medal on General Orders (GO) 10519, Headquarters, 25^th Infantry Division dated 25 October 1970 and the Army Commendation Medal (1^st oak leaf cluster) on GO 4840, Headquarters, 1^st Cavalry Division dated 6 March 1971. He was awarded the Air Medal on GO 10586, Headquarters, 25^th Infantry Division dated 27 October 1970. He had been awarded the Bronze Star Medal.

10. The applicant departed Vietnam on 2 April 1971. He was honorably released from active duty on 3 April 1971 in the rank of Sergeant, E-5 after completing 1 year and 10 months of creditable active service with no lost time. There is no record of disciplinary actions in his records. The Army Commendation Medal (1^st oak leaf cluster) and the Air Medal are not listed on his DD Form 214.

11. 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.

12. 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.

13. Department of the Army Pamphlet 672-3 shows that the 4^th Battalion, 9^th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 1 September 1968 – 30 September 1970. The 1^st Battalion, 5^th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 21 February 1970 – 28 February 1971. It states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation badge are not authorized, official military personnel and historical records will indicate all awards received.

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 statements from the applicant’s former platoon mates are credible evidence that the applicant did in fact receive the wounds claimed. The unit was operating, covertly at the time, in Cambodia. This has been confirmed by a check with unit historical files. A check with personnel records confirm that the two individuals were in fact assigned to the same unit during the period involved as the applicant. The fact it appears the unit’s medic was himself wounded and medically evacuated is a plausible explanation as to why the applicant’s wound was not recorded.

2. The Board notes that the applicant’s DD Form 214 does not reflect his award of the Army Commendation Medal (1^st oak leaf cluster) and the Air Medal.

3. Although the applicant’s DA Form 20 is missing, the Board notes that there is no record of disciplinary actions in his records and he attained the rank of Sergeant prior to his separation. The Board presumes therefrom that his conduct and efficiency ratings were rated as “excellent” throughout his service and so he meets the eligibility criteria for award of the Army Good Conduct Medal.

4. The applicant was assigned to two units during a period of time those units were awarded the Republic of Vietnam Gallantry Cross with Palm and so is entitled to wear one of those awards. Both awards should be listed on his DD Form 214.

5. 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 him the Army Good Conduct Medal for the period 4 June 1969 – 3 April 1971 and the Purple Heart for wounds received in action on 20 June 1970.

2. That the applicant’s DD Form 214 be amended to add the Purple Heart, the Army Good Conduct Medal, the Army Commendation Medal (1^st oak leaf cluster), the Air Medal, and two awards of the Republic of Vietnam Gallantry Cross with Palm.

BOARD VOTE:

__mkp___ __tbr___ __rks___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Margaret K. Patterson
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2001056057
SUFFIX
RECON
DATE BOARDED	20010807
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0056
3.	110.04
4.
5.
6.