PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            1 February 2001
	DOCKET NUMBER:   AR2000048407

	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. Luther L. Santiful		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Barbara J. Lutz		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 he received the Purple Heart for wounds sustained in Vietnam, but that the Purple Heart was never placed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show that he was inducted on 24 September 1968 and completed training as a light weapons infantryman in military occupational specialty (MOS) 11B.  He served in Vietnam from 9 March 1969 through 11 January 1970 and was honorably separated from active duty on 23 September 1970.

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.  However, his DA Form 20 (Enlisted Qualification Record) shows the entry “SCH W L Arm 9 DEC 69” [shrapnel wound left arm 9 December 1969] in item 40 (Wounds).  The Purple Heart is not listed as an authorized award in item 41 (Awards and Decorations).

6.  Orders show the applicant was medically evacuated from Vietnam to Japan effective 19 December 1969 and was ultimately assigned to the Medical Holding Detachment at Fort Jackson South Carolina.  A Standard Form 513 (Consultation Sheet) shows that the applicant sustained fragment wounds of the left forearm in Vietnam in December 1969.

7.  The Board also noted that the applicant was eligible for award of the Good Conduct Medal and unit awards which are not shown on his DD Form 214.

8.  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.

9.  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 52, dated 1971.

10.  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.

11.  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.

12.  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.  There are no orders in the applicant’s service personnel records authorizing him award of the Purple Heart.  However, the applicant’s DA Form 20 and medical records show that the applicant sustained fragment wounds to the left arm requiring his medical evacuation from Vietnam.  Based on these facts, the Board has determined that the applicant is entitled to award of the Purple Heart for wounds sustained on 9 December 1969.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 24 September 1968 through 23 September 1970 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 1st Battalion of the 8th Infantry in Vietnam, it was cited for awards of 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 DD Form 214 to show these foreign unit awards.

4.  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:

	a.  by showing the individual concerned was awarded the Purple Heart for wounds sustained In Vietnam as a result of hostile action on 9 December 1969;  

	b.  by awarding him the first award of the Good Conduct Medal for the period 24 September 1968 through 23 September 1970 and correcting his records to show this award; and
	c.  by correcting his records to show entitlement to 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:  

__LLS___  ___JEA__  __BJL__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mr. Luther L. Santiful__
		        CHAIRPERSON

INDEX

CASE ID	AR2000048407	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.