PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                23 September 1998              
	DOCKET NUMBER:        AC97-11278

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr.		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. George D. Paxson		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 award of the Purple Heart.

3.  The applicant states he was wounded at Firebase Granite approximately 30 April 1970, but was not awarded the Purple Heart.  In support of his application, he submits a letter of explanation, a magazine article about firebase Granite, a Report of Medical Examination, a 26 August 1970 report of X-ray which shows “minute foreign body in 2 places”, and a statement by a member of the applicant’s unit in Vietnam.

4.  The applicant’s military records show that he was inducted on 12 June 1969 and completed training as a medical aidman.  He served in Vietnam from 12 November 1969 to 28 October 1970 and was honorably discharged on 23 April 1971.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.  The Board notes the applicant was eligible for the Combat Medical Badge and the first award of the Good Conduct Medal and was awarded the Vietnam Cross of Gallantry with Silver Star as a personal award, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.

6.  There is no evidence the applicant was awarded the Purple Heart.  There also is no evidence of record the applicant was wounded due to hostile action.  The applicant submitted a report of medical examination in which he indicated that he had received a fragmentation wound to the right arm.  The applicant submitted a 26 March 1996 statement by a witness who states the applicant was wounded in the right hand on 7 May 1970.  Informal coordination with the Awards Branch of the Total Army Personnel Command reveals the applicant’s name is not on the Vietnam Casualty Roster.

7.  There is no evidence the applicant was awarded the Combat Medical Badge or was recommended for this award.

8.  There is no evidence the applicant was awarded the first award of the Good Conduct Medal.  There also is no evidence that the applicant was disqualified from receiving this award. 

9.  The applicant was authorized the Vietnam Cross of Gallantry with Silver Star as a personal award by Headquarters, U.S. Army Vietnam letter, dated 23 November 1970.

10.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 8, dated 1974.

11.  The applicant was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order Number 48, dated 1971.

12.  Army Regulation 600-8-22 (Military Awards) 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, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy

14.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1.  There is no medical evidence of record which shows the applicant was wounded as a result of hostile action.  The Board notes the eye witness statement was made over 25 years after the fact.  The report of medical evaluation and the x-ray report do not confirm that the applicant was wounded as a result of hostile action.  The Board also noted the applicant was a medical aidman who knew the procedures for documenting awards of the Purple Heart and the eye witness affirmed the applicant was “very strict when it came to wounds that would lead to the Purple Heart.”  In view of the foregoing, the Board determined that the applicant was not wounded as a result of hostile action and is not entitled to award of the Purple Heart.

2.  The applicant served as a medical aidman in an infantry company in combat in Vietnam; therefore, he is entitled to award of the Combat Medical Badge.
3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 12 June 1969 through 23 April 1971 based on completion of a qualifying period of service ending with the termination of a period of Federal military service.

4.  The applicant was entitled to the Vietnam Cross of Gallantry with Silver Star as a personal decoration; therefore, he is entitled to correction of his records to show this award.

5.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his records to show these awards.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Medical Badge, the first award of the Good Conduct Medal, the Vietnam Cross of Gallantry with Silver Star as a personal decoration, the Vietnam Cross of Gallantry with Palm Unit Citation and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

TDH____  FNE____  GDP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON