PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 November 2000                   
	DOCKET NUMBER:   AR2000046112

	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. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		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 Bronze Star Medal (BSM) with “V” device and the Purple Heart (PH) 3d award be added to his Report of Transfer or Discharge, DD Form 214.

3.  The applicant states that his medical records show that he broke his finger.  This happened while he was engaged in enemy fire and the tank he was in went over a cliff killing one crewmember and injuring him.  

4.  The applicant’s military records show that he was inducted into the Army on 12 March 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11E (Armor Crewman).

5.  The applicant arrived in Vietnam on or about 26 December 1968.  He was assigned to Headquarters Battery, 3d Battalion, 16th Artillery on 11 January 1969. He was transferred to Troop C, 1st Squadron, 1st Cavalry on 3 February 1969.  

6.  The applicant’s medical records show that he was treated for a “blow-out type of injury to little finger” on 16 April 1969 but do not describe how it occurred.

7.  General Orders (GO) 100, Headquarters, 27th Surgical Hospital dated 14 May 1969 awarded the applicant the PH for wounds received on 13 May 1969.  GO 4237, Headquarters, Americal Division dated 25 May 1969 awarded him the PH for wounds received on the same date (a duplicate award).  GO 8832, Headquarters, Americal Division dated 29 August 1969 awarded him the PH for wounds received on 12 August 1969.  GO 1268, Headquarters, Americal Division dated 9 February 1970 awarded him the BSM with “V” device for action on        12 August 1969.

8.  The applicant departed Vietnam on 17 December 1969.  He was released from active duty on 20 December 1969 after completing 1 year, 9 months and     9 days of creditable active service with no lost time.  His Personnel Qualification Record, DA Form 20, shows that his conduct and efficiency were rated as “excellent” throughout his enlistment.  

9.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states 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.  An example of enemy-related injuries which would justify award of the Purple Heart would be an injury caused by vehicle or aircraft accident resulting from enemy fire.  

10.  Army Regulation 672-5-1, the awards regulation in effect at the time, 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 Squadron, 1st Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 24 August – 31 December 1969.

CONCLUSIONS:

1.  The evidence of record verifies that the applicant injured his finger but other than his self-authored statement there is no substantiating evidence to show his injury was the result of hostile action.  Substantiating evidence would include affidavits from individuals on the scene of the incident who could verify the applicant’s description of the incident and the resulting injury and how they were connected to the scene.

2.  The evidence of record verifies that the applicant was awarded the PH twice, for injuries received on 13 May 1969 and 12 August 1969.

3.  The evidence of record verifies that the applicant was awarded the BSM with “V” device.

4.  The applicant met the criteria for award of the Army Good Conduct Medal.  Also, since he was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm, he is entitled to that award.

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 Army Good Conduct Medal for the period 12 March 1968 – 20 December 1969.

2.  That the applicant’s DD Form 214 be amended to add the Bronze Star Medal with “V” device, two awards of the Purple Heart, the Army Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm.  

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

BOARD VOTE:  

__tap___  __rwa___  __toe___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Thomas A. Pagan
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046112	
SUFFIX		
RECON		
DATE BOARDED	20001121	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	110.04	
3.		
4.		
5.		
6.