RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2007
	DOCKET NUMBER:  AR20060012860 


	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.



	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his request for award of the Combat Infantryman Badge (CIB) and three Purple Hearts.

2.  The applicant states, in effect, that the Record of Proceedings incorrectly stated his dates of service with Company A, 1st Battalion, 46th Infantry.  He began duties as a door gunner with the 14th Combat Aviation Battalion in August 1969 after a 30-day leave in July 1969.  In order to be accepted for the job at the 14th Combat Aviation Battalion, award of the CIB was required.  His squad leader provided an electronic mail (e-mail) statement verifying that he was wounded in May 1969 during Operation LAMAR PLAIN.  He was peppered with shrapnel while carrying wounded back to safety.  Many Soldiers did not take the time to have their wounds treated because they were busy "engaging the enemy" and only the critically wounded were airlifted.  If you were not dying, you stayed and did your job.  Because of the intense fighting, not all incidents were documented.  It was a common occurrence for awards earned, promised and or actually received to be omitted from service records.     

3.  The applicant provides copies of six photographs of himself in uniform showing the CIB; a copy of the 1st Battalion, 46th Infantry Daily Staff Journal from 12-29 May 1969; and histories of Operation LAMAR PLAIN. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050002423 on 22 November 2005.

2.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he performed duties as a radio/telephone operator from 2 October 1968 through
19 March 1969 with Company A, 1st Battalion, 46th Infantry; as a rifleman from 20 March through 22 August 1969 with the same unit; and as an infantryman with the 14th Security Platoon, 14th Combat Aviation Battalion from 23 August through 26 March 1970. 





3.  The applicant provided photographs of himself while in the Republic of Vietnam.  The CIB is shown on his uniform.

4.  The applicant provided a history of Operation LAMAR PLAIN from the
101st Airborne Division.  However, these histories show that the 1st Battalion, 46th Infantry participated in the operation.  

5.  The applicant provided the "LAMAR Plain Story" from the Americal Newsletter:  Vietnam News Network.  On 12 May 1969, the North Vietnam Army (NVA) began a major offensive throughout the Americal Division area of operations at Landing Zones (LZ) Baldy, Center and Professional.  One of the most intense attacks occurred in the "free-fire zone" around LZ Professional patrolled by the 1st Battalion, 46th Infantry.  The attack on LZ Professional escalated into a Tactical Emergency on 15 May 1969 when a full airmobile brigade of the 101st Airborne Division was dispatched to the area.  The
1st Battalion, 46th Infantry was placed under the operational control of the 101st Brigade.  From 12 May to the conclusion of the operation, the U.S. casualty count was 125 killed in action, 460 wounded in action, and 1 missing in action.  Most of these counts were sustained in intense combat during the month of May. 

6.  On 13 May, Company A was attempting to clear a high ground area immediately north of LZ Professional when the NVA engaged.  Throughout the day, Company A took intense fire.  By 1645 hours an emergency re-supply helicopter landed in the perimeter.  Its assistant pilot was shot in the head and later declared killed in action.  Under attack, the unit was forced to pull men into a defense position for the night.  For the rest of the day and night, any further medical evacuations for Company A became impossible to accomplish.  

7.  On 14 May, an AC-47 was diverted from the defense of LZ Professional to support Company A.  It enabled a medical evacuation mission to evacuate
1 killed in action and 13 wounded in action.  Company A was in serious trouble and faced great danger.  The NVA had moved in so close in proximity to Company A, that a U.S. Soldier's ability to fire at the enemy was severely restricted in order to avoid hitting comrades.  

8.  The Daily Staff Journal provided by the applicant substantiates the events of the histories provided of Company A, 1st Battalion, 46th Infantry's participation in Operation LAMAR PLAIN.  Although the applicant contends he was wounded by shrapnel on 14 May 1969, the Daily Staff Journal does not specifically state the applicant was wounded.  

9.  The applicant provided an e-mail from another Soldier who served with the applicant in Vietnam.  He states that the applicant was wounded by shrapnel in May 1969. 

10.  The evidence submitted by the applicant is new and was not considered in the Board's previous decision.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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, and the medical treatment must have been made a matter of official record.  This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.

12.  Paragraph 8-6 of Army Regulation 600-8-22 provides for award of the CIB.  This paragraph states that there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Commanders were not allowed to make any exceptions to this policy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided sufficient new evidence to show he was awarded the CIB.  Therefore, he is entitled to have his record corrected to show he received this award.

2.  The applicant failed to provide sufficient evidence that shows he was wounded as a result of hostile action or that he was treated for these wounds.  Therefore, he is not entitled to award of the Purple Heart.  





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__wdp___  __pms___  __jlp___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20050002423, dated 22 November 2005.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the CIB.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of three Purple Hearts.



							William D. Powers
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060012860
SUFFIX

RECON

DATE BOARDED
20070313
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0111
3.

4.

5.

6.