PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 January 2001                   
	DOCKET NUMBER:   AR2000044233

	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. Luther L. Santiful		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 the Purple Heart be added to his Report of Separation or Transfer, DD Form 214.

3.  The applicant states that he was awarded the Bronze Star Medal with “V” device and the Purple Heart.  The Bronze Star Medal orders show he was wounded and that award is listed on his DD Form 214 but the Purple Heart is not.

4.  The applicant’s military records show that he enlisted in the Regular Army on 21 February 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  The applicant arrived in Vietnam on or about 3 April 1968.  He was assigned to the Company A, 1st Battalion, 20th Infantry, 11th Infantry Brigade and performed duties as an 11B light weapons infantryman.  He was reassigned to Company E of that unit on 31 July 1968 and performed duties as a scout observer.  On        15 May 1968, he was wounded in the left foot and right leg when he was hit by fragments from a hostile mortar.

6.  The applicant departed Vietnam on 25 March 1969.  On 10 May 1969, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave for 4 days prior to reporting to Fort Carson, CO.  On 8 August 1969, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for absenting himself from his unit.

7.  On 24 December 1969, the applicant was honorably released from active duty early to attend school.  He had completed 2 years and 10 months of creditable active service.  His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency had been rated as “excellent” throughout his service although his service at his last assignment at Fort Carson, CO was not rated.

8.  The Awards Branch, U. S. Total Army Personnel Command could not locate a copy of Purple Heart orders on the applicant.

9.  Army Regulation 600-8-22 provides 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.  It provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.

10.  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.

11.  Department of the Army Pamphlet 672-3 shows that the 1st Battalion, 20th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 2 November 1968 – 28 February 1969.  Company E, 1st Battalion, 20th Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 15 October 1967 – 10 October 1968.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded in action; however, no orders awarding the Purple Heart can be located.

2.  The applicant met the eligibility criteria for award of the Combat Infantryman Badge.

3.  The Board notes that the applicant’s conduct and efficiency had been rated as “excellent” during all his assignments except that his last assignment was not rated.  He was four days late reporting to his last assignment, for which offense he accepted an Article 15.  He accepted a second Article 15 during this assignment for absenting himself from his unit.  However, he did receive an honorable characterization of service when he was released from active duty.  The Board concludes that his overall record of service was sufficiently meritorious to warrant award of the Army Good Conduct Medal for the period    21 February 1967 through 24 December 1969.

4.  The applicant was assigned to a battalion during a period of time that battalion was awarded the Republic of Vietnam Gallantry Cross with Palm and to a company during a period of time that company was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class and so is entitled to those awards, also.

5.  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 Purple Heart for wounds received in action on 15 May 1968 and by awarding him the Army Good Conduct Medal for the period 21 February 1967 – 24 December 1969.

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

BOARD VOTE:  

__lls___  __wtm___  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Luther L. Santiful
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000044233	
SUFFIX		
RECON		
DATE BOARDED	20010123	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.