PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 November 2001
         DOCKET NUMBER: AR2001062780


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Lester Echols		Member
Mr. John T. Meixell		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 correction of his records to show award of the Purple Heart.

3. The applicant states, in effect, that he is entitled to award of the Purple Heart, but he has never received the medal and it is not shown on his discharge document. In support of his application, he submitted a copy of a 26 July 1995 letter to the Reserve Components Personnel and Administration Center (RCPAC) and an undated and unsigned copy of an “Official Statement of Award of the Purple Heart”.

4. The applicant’s military records show that he was inducted on 18 June 1968. He served as a light weapons infantryman in Vietnam from 7 February 1969 to 20 February 1970. The applicant was honorably separated from active duty effective 21 February 1970.

5. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart as an authorized award. There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

6. The “Official Statement of Award of the Purple Heart” submitted by the applicant states that he is entitled to award of the Purple Heart based on wounds sustained in action on 7 August 1969 in Vietnam.

7. The applicant’s medical records show that he was treated at the 25th Infantry Division Medical Dispensary on 7 August 1969 for a fragmentation wound to the posterior of the calf of a leg. Medical records further show that he was treated on 8 August 1969 at the 3d Squadron, 4th Cavalry, Dispensary for a fragmentation wound to the left lower leg which had been debrided at the 25th Infantry Division Medical Dispensary on 7 August 1969.

8. The Board noted that the applicant may be entitled to other decorations and awards in addition to those currently shown on his DD Form 214.

9. The applicant’s records contain 25th Infantry Division Special Order 132, dated 12 May 1969, which awarded the applicant the first award of the Combat Infantryman Badge. This badge is not shown in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214.

10. The applicant’s records contain 25th Infantry Division Special Order 43, dated 12 February 1970, which awarded the applicant the Aircraft Crew Member Badge. This badge is not shown on the applicant’s discharge document.
11. The applicant’s records contain 25th Infantry Division General Orders Number 14785, dated 29 November 1969, which awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service from January 1969 to January 1970. The applicant’s DD Form 214 only shows award of the Army Commendation Medal with “V” Device.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Presidential Unit Citation for actions during the period 24-26 April 1969 based on Department of the Army General Orders Number 14, dated 1973. This unit award is not shown on the applicant’s discharge document.

13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions from 1 January to 22 February 1969, by Department of the Army General Orders Number 39, dated 1970. While the applicant was still assigned to the 3d Squadron of the 4th Cavalry, the unit was cited for a second award of the Valorous Unit Award by Department of the Army General Orders Number 43, dated 1970, for actions during the period 6 to 12 May 1968. The second and succeeding awards of the Valorous Unit Award are denoted by award of a bronze oak leaf cluster. These unit awards are not shown on the applicant’s discharge document.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969. This foreign unit award is not shown on the applicant’s discharge document.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971. This foreign unit award is not shown on the applicant’s discharge document.

CONCLUSIONS:

1. Evidence of record shows that the applicant was wounded in the calf of the left leg in Vietnam on 7 August 1969 as a result of hostile action and was treated for that wound. Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award.

2. The applicant’s records contain orders which award him the Combat Infantryman Badge. Therefore, he is entitled to correction of his records to show this badge.

3. The applicant’s records contain a 25th Infantry Division Special Order awarding him the Aircraft Crew Member Badge. Therefore, he is entitled to correction of his records to show this Badge.

4. General Orders show that the applicant is entitled to award of the Army Commendation Medal with “V” Device followed by a second award of the Army Commendation Medal for service. Therefore the applicant is entitled to correction of his records to show award of the Army Commendation Medal (with First Oak Leaf Cluster with “V” Device).

5. Department of the Army General Orders show the applicant is entitled to award of the Presidential Unit Citation and award of the Valorous Unit Award (with First Oak Leaf Cluster). Therefore, he is entitled to correction of his records to show these United States unit awards.

6. Department of the Army General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these foreign unit awards.

7. 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:

         a. by showing the individual concerned was awarded the Purple Heart for wounds sustained in action in Vietnam on 7 August 1969;

         b. by showing he was awarded the Combat Infantryman Badge, the Aircraft Crew Member Badge, and the Army Commendation Medal (First Oak Leaf Cluster with “V” Device);

         c. by showing he was awarded the Presidential Unit Citation and was awarded the Valorous Unit Award (with First Oak Leaf Cluster); and


         d. by showing he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

__JTM__ ___AAO__ ___LE___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Mr. Arthur A. Omartian_
                  CHAIRPERSON

---

INDEX

CASE ID	AR201062780
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20011127
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.