PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            21 September 2000 
	DOCKET NUMBER:   AR2000041904

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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.  He states he was wounded while in Vietnam and provides a statement from a fellow soldier in support of his request.

3.  Records available to the Board indicate the applicant entered active duty on 
21 May 1969 and successfully completed basic and advanced individual training prior to be assigned to Vietnam as an infantryman in December 1969.  The applicant was initially assigned to the 1st Battalion, 2nd Infantry Regiment and in April 1970 was reassigned to the 101st Airborne Division.  While in Vietnam he was awarded two Air Medals, an Army Commendation Medal and a Bronze Star Medal.  All of those awards are confirmed in orders and entries contained in his Official Military Personnel File (OMPF).

4.  The applicant returned to the United States in November 1970 and completed his service contract at Fort Hood, Texas.  While undergoing his separation physical examination the applicant complained of neck pain which he attributed to being hit on the "head by [a] falling tree in RVN [on] 6 May 70."  There is, however no indication in his medical treatment documents that the injury was related to hostile action.

5.  On 20 May 1971 the applicant was honorably discharged from active duty in pay grade E-4.  His conduct and efficiency rating throughout his military service were excellent.  However, neither his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) nor his DA Form 20 (Enlisted Qualification Record) reflect entitlement to the Purple Heart and item 40 (wounds) on his DA Form 20 is blank.  The applicant authenticated his DA Form 20 on 20 December 1970 and his DD Form 214 on the date of his separation.

6.  The statement submitted in support of the applicant's request is date 18 April 2000.  The author states that he and the applicant were assigned to the 101st Airborne Division and on 7 May 1970 they were on a “recon patrol” when an enemy rocket hit a tree close to the applicant and "it fell on him hitting him on the top of his head, shoulders and back."

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

8.  Army Regulation 672-5-1, then in effect, 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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal Unit Citation based on his service in Vietnam.

CONCLUSIONS:

1.  While the applicant maintains that he was wounded as a result of hostile action while in Vietnam, there is no medical evidence which confirms that contention.  In March 1971 while undergoing his separation physical the applicant related that his neck pain was the result of a tree falling on him.  Neither the applicant nor the examining physician attributed that injury to enemy action and there is no evidence the applicant ever received treatment for a neck injury while in Vietnam.  The Board notes that the applicant's supporting statement was rendered in April 2000, nearly 30 years after the incident and it is not supported by any medical evidence.  The Board also notes that all of the applicant's other awards from Vietnam tour were confirmed in orders and appropriate entries were made in his Official Military Personnel File.  

2.  The evidence does, however, confirm that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 
20 May 1971 when he was honorably discharged from active duty.  There is no evidence in the applicant's OMPF that his commander ever disqualified him for award of the Good Conduct Medal and there is no evidence which would serve as a basis to deny him the award.  As such the Board concludes it would be appropriate, and in the interest of justice, to award the applicant an Army Good Conduct Medal for the period 21 May 1969 through 20 May 1971.

3.  The evidence also confirms the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal Unit Citation based on his service in Vietnam.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by awarding the individual concerned the Army Good Conduct Medal for the period 21 May 1969 through 20 May 1971; and

b.  by showing that he is entitled to Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal Unit Citation based on his service in Vietnam.

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

BOARD VOTE:  

__jhl___  ____clg_  ___ena__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041904	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000921	
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.	107.00	
2.		
3.		
4.		
5.		
6.