PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            2 November 2000
	DOCKET NUMBER:   AR2000045244

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred 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 correction of his records to show two awards of the Purple Heart instead of one award of the Purple Heart.

3.  The applicant states that he was wounded on 26 February 1968 in the abdomen and was wounded again on 24 August 1968 in the right elbow.  

4.  Counsel for the Disabled American Veterans reviewed the applicant’s case and verbally recommended approval of the applicant’s request based on evidence of record.

5.  The applicant’s military records show that he was inducted on 23 June 1967 and completed training as a light weapons infantryman.  He served in Vietnam from 10 December 1967 through 6 December 1968.  The applicant was honorably separated from active duty on 20 June 1969.

6.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows only one award of the Purple Heart.  The Board also noted that the applicant was eligible for award of the Good Conduct Medal which is not shown on his discharge and that no unit awards are shown on his discharge.

7.  There are no orders which show that the applicant was awarded the Purple Heart for wounds sustained in action on 26 February 1968.  The applicant’s records contain 25th Infantry Division General Order 6033, dated 26 August 1968, which awarded him the Purple Heart for wounds sustained on 24 August 1968.

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows in item 40 (Wounds) the entries “FW [fragment wound] ABDOMEN 26 FEB 68” and “FW (B) ELBOWS 24 AUG 68”.  The applicant’s name is listed on the Vietnam Casualty Roster for wounds sustained in combat on 26 February 1968 and for wounds sustained in combat on 24 August 1968.

9.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

12.  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, and the medical treatment must have been made a matter of official record.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

13.  Army Regulation 600-8-22 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.  

CONCLUSIONS:

1.  Evidence of record shows that the applicant was wounded as a result of hostile action on 26 February 1968, but there is no evidence that he was awarded the Purple Heart for these wounds.

2.  General Orders show that the applicant received the Purple Heart for wounds sustained on 24 August 1968.

3.  Based on the foregoing, the applicant is entitled to two awards of the Purple Heart, correctly known as the Purple Heart (First Oak Leaf Cluster).  Therefore, appropriate orders and award certificates should be prepared for the applicant and his records should be corrected to show award of the Purple Heart (First Oak Leaf Cluster).

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 23 June 1967 through 20 June 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

6.  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 showing the individual concerned was awarded the Purple Heart (First Oak Leaf Cluster), the first award of the Good Conduct Medal for the period 23 June 1967 through 20 June 1969, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:  

__TSK__  __WDB__  __FE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mr. Fred Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2000045244	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001102	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690620	
DISCHARGE AUTHORITY	AR 635-200. . . . .  	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.000.000	
2.		
3.		
4.		
5.		
6.