PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 September 2000                   
	DOCKET NUMBER:   AR2000043507

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		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 that his records be corrected to show he was awarded the Purple Heart and also the Republic of Vietnam Gallantry Cross with Palm and the Army Good Conduct Medal.

3.  The applicant states that one time he was hit in the head with an M-60 machine gun when he jumped for cover.  Another time he was hit in the shoulder with some shrapnel.  The wound was not deep and only required a band aid until it healed.  

4.  The applicant’s military records show that he enlisted in the Regular Army on 24 April 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  

5.  The applicant arrived in Vietnam on 14 April 1969.  He was assigned to the 2d Battalion, 39th Infantry and to the 6th Battalion, 31st Infantry.  He departed on      30 March 1970.  During his tour he served in three campaigns and was awarded the Bronze Star Medal with V device.  He was also awarded the Army Commendation Medal six times, including three times with V device.  Other Vietnam decorations included the Air Medal 1st oak leaf cluster and the Combat Infantryman Badge.

6.  The applicant’s medical records show that he was treated on 26 April 1969 for a complaint of headaches, dizziness and double vision after an M-60 machine gun fell on his head.

7.  On 17 April 1971, the applicant was honorably released from active duty, in pay grade E-5, after completing 2 years, 11 months and 24 days of creditable active service with no lost time.  His Personnel Qualification Record, DA Form 20, shows that he was given “excellent” conduct and efficiency ratings during his entire enlistment.  The applicant’s Report of Transfer or Discharge, DD Form 214, shows that he was awarded the Army Commendation Medal and the Bronze Star Medal but does not indicate “with V device.”  The Army Good Conduct Medal is not listed.  No unit awards are listed and the Vietnam Service Medal does not list the three bronze service stars indicating the three campaigns in which he served.  Items 23a and 25 show the incorrect title for MOS 11C.

8.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound 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. 

9.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

10.  Department of the Army Pamphlet 672-3 shows that the 6th Battalion, 31st Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class during a period of time the applicant was assigned to the unit.

CONCLUSIONS:

1.  There is no evidence of record to show the applicant is entitled to award of the Purple Heart.  One of the requirements for award of the Purple Heart is that the wound 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.  The applicant states that the shrapnel wound he received did not require any medical treatment other than a band aid.  Although his medical records substantiate his claim of a head injury due to it being hit with an M-60 machine gun, the entry does not substantiate his claim that the injury was received in combat.  

2.  The evidence of record does substantiate his entitlement to award of the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class.  He is also entitled to wear three bronze service stars with his Vietnam Service Medal.  In addition, the entries on his DD Form 214 concerning the Bronze Star Medal and the Army Commendation Medal are incomplete.

3.  There is also an error in items 23a and 25 of the applicant’s DD Form 214 concerning the title of his MOS.  It should reflect Infantry Indirect Fire Crewman, not Light Weapons Infantryman.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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

     a.  showing that the applicant was awarded the Army Good Conduct Medal for the period 24 April 1968 – 17 April 1971;

     b.  amending the applicant’s DD Form 214, item 24 to show he was awarded the Army Good Conduct Medal; six awards of the Army Commendation Medal, three of them with V device; the Bronze Star Medal with V device, the Vietnam Service Medal with three bronze service stars; the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class; and

     c. amending the applicant’s DD Form 214, items 23a and 25 to reflect Infantry Indirect Fire Crewman rather than Light Weapons Infantryman.

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

BOARD VOTE:  

__cmf___  __fe____  __cjs___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Calvin M. Fowler
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043507	
SUFFIX		
RECON		
DATE BOARDED	20000912	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.	107.0015	
3.		
4.		
5.		
6.