PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           7 September 2000
	DOCKET NUMBER:   AR2000036885

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern III		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 that he lost his right hand while on duty in what his records report to have been a “hostile action.”  In support of his request, he submits a copy of his DD Form 214 (Report of Transfer or Discharge), a clinical record of his injury, dated 24 December 1968, and his medical board proceedings, dated 21 March 1969.

4.  The applicant’s military records show that he was inducted on 8 May 1968 and was trained as an infantryman.  After training, he was assigned to Vietnam and served with Company C, 2d Battalion, 27th Infantry.  He received exclusively excellent ratings for conduct and efficiency throughout his service.

5.  Available medical records show the applicant sustained “multiple fragment wounds and amputation of the right hand, incurred when patient was handling a TNT charge which exploded prematurely, 2100 hours, 13 December 1968 on the Phu Kon Bridge, Republic of Vietnam.”  The narrative summary of his clinical record goes on to state, in part, that “On the day of injury, he was dropping TNT charges into the river off the Phu Kon Bridge in an effort to discourage hostile forces Frogmen from destroying the same bridge when the charge went off prematurely in his right hand.  The patient received multiple fragment wounds to both legs, both arms, and the face, with amputation of the right hand and fracture of the right maxillary sinus.”

6.  The applicant was permanently retired by reason of physical disability on 
2 May 1969 at Walter Reed Army Medical Center, Washington, D.C.  His DD Form 214 shows his awards and decorations as National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and Expert Marksmanship Badge (Rifle).

7.  On 20 December 1988, a DD Form 215 (Correction to DD Form 214) was issued to add the following awards to the applicant’s DD Form 214:  Bronze Star Medal and Republic of Vietnam Gallantry Cross with Palm.  Another DD Form 215 was issued on 8 March 1990 adding two Bronze Service Stars with his Vietnam Service Medal.

8.  Army Regulation 600-8-22 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 by a medical officer, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22 also 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 service of less than 1 year when final separation was by reason of physical disability incurred in the line of duty.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10.  Army Pamphlet 672-3 lists the time periods for which various units were awarded unit citations.  The organization to which the applicant was assigned in Vietnam was awarded the Republic of Vietnam Civil Actions Honor Medal in addition to the Republic of Vietnam Gallantry Cross with Palm during the period of his assignment.

CONCLUSIONS:

1.  The applicant was wounded on 13 December 1968 as a result of hostile action in Vietnam and is entitled to award of the Purple Heart.

2.  The applicant met the qualifications for award of the Good Conduct Medal from 8 May 1968 to 2 May 1969.

3.  The applicant is entitled to the Republic of Vietnam Civil Actions Honor Medal based on his assignment with the 2d Battalion, 27th Infantry, in Vietnam.

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 the Purple Heart, the Good Conduct Medal, and the Republic of Vietnam Civil Actions Honor Medal.

BOARD VOTE:  

__cla ___  __wtm___  __tbr____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Celia L. Adolphi_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000036885	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	110.00	
3.		
4.		
5.		
6.