PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 November 2000                   
	DOCKET NUMBER:   AR2000043590

	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. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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 he be awarded the Purple Heart.

3.  The applicant states that he was wounded on 25 June 1970 by incoming mortar rounds and has recently had shrapnel taken out of his scalp.  He provides a medical record note from the VA dated 4 June 1999 as supporting evidence.

4.  The applicant's military records show that he was inducted into the Army on 12 August 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

5.  The applicant arrived in Vietnam on 24 January 1970 and was assigned to the 4th Battalion, 12th Infantry, 199th Infantry Brigade and to the 3d Battalion, 22d Infantry, 25th Infantry Division where he served as an indirect fire crewman, rifleman, and team leader.  

6.  The applicant was honorably released from active duty on 11 August 1971 after completing 2 years of creditable active service with no time lost.  His Personnel Qualification Record, DA Form 20, item 40 does not contain an entry to show he was wounded.  Item 38 shows that his conduct and efficiency had been rated as “excellent” throughout his enlistment.

7.  The applicant’s medical records are unavailable.  A VA medical record note dated 4 June 1999 shows that he was evaluated for shrapnel in his scalp since Vietnam.  It was excised.

8.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  In pertinent part, it stated that the Purple Heart was awarded to any member of an Armed Force who had 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.  It also 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.

9.  Department of the Army Pamphlet 672-3 shows that the 4th Battalion, 12th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 19 June 1968 – 31 July 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 12 December 1966 – 31 August 1970.

CONCLUSIONS:

1.  The applicant’s service medical records are unavailable and the evidence provided by him is insufficient to show he was wounded in action or treated by a medical officer for such a wound.  Without corroborating evidence, it cannot be determined if the wound was caused by enemy action or by an accidental firing of a friendly weapon not during a time of combat action.

2.  The evidence of record does show that the applicant is entitled to award of the Army Good Conduct Medal.  He was also assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class and so is entitled to those awards, also.

3.  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 awarding the applicant the Army Good Conduct Medal for the period 12 August 1969 – 11 August 1971.

2.  That the applicant’s Report of Transfer or Discharge, DD Form 214, be amended to add the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Civil Actions Honor Medal, First Class.

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

BOARD VOTE:  

__fne___  __tsk___  __wdb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043590	
SUFFIX		
RECON		
DATE BOARDED	20001102	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.