PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 June 2003
         DOCKET NUMBER: AR2003085193


         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:

Mr. Arthur A. Omartian		Chairperson
Mr. Thomas B. Redfern, III		Member
Ms. Karen A. Heinz		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 never requested the PH before because until now, he believed he was not eligible for the award because he was wounded by friendly fire. He claims that his records will verify he was wounded in the heat of battle while serving in the Republic of Vietnam (RVN). In support of his application, he submits the following documents: Chronological Record of Medical Care (SF 600); Department of Veterans Affairs (VA) examination results; and his separation document (DD Form 214).

4. The applicant’s military records show that on 6 February 1969, he was inducted into the Army for 2 years. He was initially trained in, awarded,
and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman). He continuously served on active duty for 2 years until
26 November 1967, at which time he was honorably separated, by reason
of expiration of term of service (ETS).

5. The applicant’s Enlisted Qualification Record (DA Form 20) shows that
while serving in the RVN, he was assigned to Company A and Company E,
5^th Battalion, 7^th Cavalry Regiment, 1^st Cavalry Division, and that he performed duties in MOS 11B as a Light Weapons Infantryman. Item 40 (Wounds) of the DA Form 20 is blank.

6. The DD Form 214 issued to the applicant on the date of his release from active duty (REFRAD) shows that during his active duty tenure, he earned the following awards: National Defense Service Medal; Vietnam Service Medal; Good Conduct Medal (1^st Award); Combat Infantryman Badge; and RVN Campaign Medal with 60 Device; however, the PH is not included in this list. Item 30 (Remarks) of the DD Form 214 contains an entry that confirms the applicant served in the RVN from 9 July 1969 to 11 March 1970.

7. The applicant’s Military Personnel Records Jacket (MPRJ) contains copies of an SF 600 that confirms that he received medical treatment for wounds to his scalp on 12 August and 16 August 1969. It also shows that he received this wound as a result of friendly fire from an associate while they were on green line duty (inside the perimeter) during an enemy penetration on 12 August 1969, in Quan Loi, RVN. In addition his MPRJ contains a Medical Condition – Physical Profile Record (DA 8-274), dated 26 September 1969, which indicates that the applicant was wounded during a 12 August 1969 attack on Quan Loi, RVN.

8. In the processing of this case a staff member of the Board reviewed the Department of the Army (DA) Vietnam Casualty Roster and the applicant’s name does not appear on the roster.

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9. 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.

10. The awards regulation further states that individuals wounded or killed as a result of " friendly fire" in the "heat of battle" will be awarded the PH as long as the " friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. However, it also stipulates that to support awarding the PH there must be evidence confirming that the wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

11. 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. Table B-1 lists all campaigns and confirms that during his assignment tenure in the RVN campaign participation credit was authorized for the Vietnam Summer-Fall 1969 and Vietnam Summer-Spring 1970 campaigns.

12. 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 is entitled to receive the PH for a friendly fire wound he received in action, and it finds this claim has merit.

2. By regulation, the PH is authorized for personnel who are wounded by friendly fire under certain circumstances if there is evidence to show that the wound for which the award was being made was treated by military medical personnel, and that this treatment was made a matter of official record.

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3. The evidence of record confirms that the applicant was wounded in action by friendly fire on 12 August 1969, while serving on green line duty (inside perimeter) in the RVN during an enemy penetration. The record also confirms that he was treated for this wound by military medical personnel on 12 and 16 August 1969. Therefore, the Board concludes that the applicant is entitled to the PH and that it would be appropriate to award it to him and add it to his record at this time.

4. The record also confirms that during his assignment tenure in the RVN, the applicant participated in two campaigns, which entitles him to 2 bronze service stars with his Vietnam Service Medal. Further, his service in the RVN also entitles him to the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Thus, the Board also concludes that it would be appropriate to add these awards to his record at this time.

5. 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 12 August 1969; while serving in the RVN; by showing that he is entitled to 2 bronze service stars with his Vietnam Service Medal, for his campaign participation in the RVN and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for his service in the RVN during a qualifying period; and by providing him a corrected separation document that reflects these awards.

BOARD VOTE:

__TBR _KH_ __AO _ GRANT AS STATED IN RECOMMENDATION

________ ________ ___ GRANT FORMAL HEARING

________ ________ ___ DENY APPLICATION




                  Arthur A. Omartian
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085193
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2.
3.
4.
5.
6.