PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            11 January 2001
	DOCKET NUMBER:   AR2000048220

	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. Ernest m. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman		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 award of the Purple Heart.

3.  The applicant states that his vehicle hit a land mine causing his knees (especially his left knee) to be smashed under the dashboard causing profuse bleeding, swelling, and pain.  He states that he was seen at the 93rd Evacuation Hospital in Long Binh, Vietnam, by a doctor.  The applicant states that he has chronic and severe pain and has been treated by the Veterans Administration for his injury.  He concludes that he served his country and was wounded in more ways than one; therefore, he is worthy of and deserving of the Purple Heart.  In support of his application, the applicant submitted a copy of his 12 April 2000 rating decision from the Department of Veterans Affairs.

4.  The applicant’s military records show that he was inducted on 15 August 1967 and completed training as a heavy vehicle driver.  He served in Vietnam from 13 January 1968 to 17 March 1969.  The applicant was honorably discharged from active duty on 19 March 1969.  

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

7.  The applicant underwent a separation medical examination on 18 March 1969.  The Standard Form 89 (Report of Medical History) completed by the applicant at the time of this medical examination does not show any entry related to wounds or injuries sustained in Vietnam.  The Standard Form 88 (Report of Medical Examination) authenticated by a medical officer does not show any indication of scars, wounds or injuries sustained in Vietnam.

8.  The applicant provided a copy of a 12 April 2000 rating decision by the Department of Veterans Affairs.  This document shows that he was awarded service connection for a left knee disorder rated at 10 percent disabling effective 24 September 1992.  This rating decision makes no reference to wounds or injuries sustained as a result of hostile action during service in Vietnam.

9.  The Board noted that the applicant was eligible for award of the Good Conduct Medal which is not shown on his DD Form 214.  The Board also noted that the applicant’s records did not show any unit awards.

10.  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 was rated as “excellent” and that he was promoted regularly throughout his service.  There is no indication of indiscipline in his records.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the 534th Transportation Company, to which the applicant was assigned in Vietnam, was cited for award of the Meritorious Unit Commendation for actions during the period 1 July 1968 to 31 March 1969 by Department of the Army General Orders Number 36, 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.

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.

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 15 August 1967 through 19 March 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.

3.  While the applicant was assigned to the 534th Transportation Company in Vietnam, it was cited for award of the Meritorious Unit Commendation; therefore, he is entitled to correction of his DD Form 214 to show award of the Meritorious Unit Commendation.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Good Conduct Medal for the period 15 August 1967 through 19 March 1969 and the Meritorious Unit Commendation.

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

BOARD VOTE:  

__EMW__  __AMC__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mr. Ernest M. Willcher__
		        CHAIRPERSON

INDEX

CASE ID	AR2000048220	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010111	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.