PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 June 2002
         DOCKET NUMBER: AR2002066406


         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. William Blakely		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Ms. Barbara J. Ellis		Member
Mr. Donald P. Hupman, Jr.		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, in effect, that he be awarded the Purple Heart (PH).

3. The applicant states, in effect, that he was wounded while serving in the Republic of Vietnam (RVN). In support of his application, he submits a copy of orders that awarded him the Army Commendation Medal with “V” Device and his separation document (DD Form 214).

4. The applicant’s military records show that he entered the Army on
26 February 1969, and that he was trained and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman). On 25 February 1971, he was honorably released from active duty (REFRAD), by reason of expiration term of service, in the rank of sergeant/E-5 (SGT/E-5).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 3 August 1969 to 2 August 1970. It also shows that while serving in the RVN, he was assigned to A Troop, 1st Squadron,
11^th Armored Cavalry Regiment, and that he performed duties in MOS 11B. This document also shows that during his tour in the RVN, he participated in four campaigns and Item 40 (Wounds) is blank and contains no entry that indicates he was wounded in action.

6. The DA Form 20 shows that during his active duty tenure, the applicant earned the following awards: Bronze Star Medal; Army Commendation Medal with “V” Device; Vietnam Service Medal; RVN Campaign Medal with 60 Device; Combat Infantryman Badge; and National Defense Service Medal. His Military Personnel Records Jacket (MPRJ) contains no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served during his tenure on active duty.

7. The applicant’s MPRJ also contained a copy of General Orders Number 1887, dated 15 May 1970, issued by Headquarters, II Field Force, RVN, which awarded him the Army Commendation Medal with “V” Device, for heroism in connection with military operations against a hostile force on 1 April 1970. The award orders contain a citation explaining the reason he earned this award. It states, in pertinent part, that the applicant maneuvered his vehicle through enemy fire to evacuate wounded soldiers, and to protect a disabled tank that had been hit with a rocket. The citation further states that during the course of the action, the applicant’s vehicle was hit, which wounded him, but he refused medical attention and continued to press the attack even harder. Finally, it states that the applicant’s heroic actions aided in inflicting enemy casualties, capturing one prisoner, and obtaining several enemy weapons.

8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force. A wound is defined as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.

9. Paragraph 2-13 of the awards regulation contains guidance on awarding the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign participated in while serving in the RVN. Chapter 4 provides guidance on awarding the AGCM and it states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The normal qualifying period is 3 years; however, in the case of the first award, the qualifying period is 1 or more years when it is awarded at the termination of a period of Federal military service. There is no automatic entitlement to the AGCM; however, disqualification must be justified.

10. Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he should be awarded the PH and finds this claim has merit. By regulation, the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force. A wound is defined as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.

2. Normally in order to award the PH there must be evidence to show that a soldier was wounded in action, was treated for the wound by military medical personnel, and that this treatment was made a matter of official record. In this case however, although there are no available records that provide the normal supporting evidence, the Board finds the reason cited in the orders awarding him the Army Commendation with “V” Device, specifically the portion confirming he was wounded during the course of this action, is sufficient to prove he was wounded in action and is therefore entitled to the PH.

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3. Further, lacking any derogatory information on file or a specific disqualifying action from any of his unit commanders, the Board concludes that the applicant served a qualifying period of honorable service that entitles him to receive the first award of the AGCM. In addition, the Board finds that his service in the RVN and his participation in four campaigns entitles him to 4 bronze service stars with his Vietnam Service Medal and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, the Board finds that it would also be appropriate to add these awards to his records at this time

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 the individual concerned the Purple Heart for being wounded in action on 1 April 1970, while serving as a specialist four/E-4 in the RVN, and the Army Good Conduct Medal for his honorable service from 26 February 1969 through 25 February 1971; by showing that based on his service in the RVN, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 4 bronze service stars for his Vietnam Service Medal; and by providing him a corrected separation document that includes these awards.

BOARD VOTE:

__CLA__ __BJE__ __DPH___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Celia L Adolphi___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002066406
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/06/13
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0500
2.
3.
4.
5.
6.