PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 January 2001                   
	DOCKET NUMBER:   AR2000048937

	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. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman, 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 he be awarded the Purple Heart.

3.  The applicant states that he was wounded while in Vietnam but never received the Purple Heart.  He provides a statement from a platoon comrade who verifies that he was hit by enemy shrapnel in the leg sometime during the Tet offensive.

4.  The applicant’s military records show that he was inducted in the Army on    16 March 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 26 August 1967.  He was assigned to Company D, 3d Battalion, 22d Infantry, 25th Infantry Division as a rifleman.

6.  The applicant’s Personnel Qualification Record, DA Form 20, shows that he was assigned to the Medical Holding Detachment, U. S. Army Hospital, Camp Zama Japan on 27 April 1968.  He was reassigned to Fort Ord, CA on 6 August 1968.  He completed a separation physical examination on 14 February 1969.  On his Report of Medical History, SF Form 93, the applicant noted his only injuries or illnesses as bronchitis (treated at) Camp Zama Hospital and his back, which was injured about March (1968) in Vietnam when he fell crossing a stream.

7.  On 14 March 1969, the applicant was released from active duty after completing 1 year, 11 months, and 29 days of creditable active service with no lost time.  His DA Form 20 shows that his conduct and efficiency had been rated as “excellent” throughout his service.

8.  The statement of support provided by the applicant indicates that he had been hit by enemy shrapnel in the leg probably sometime between the first week of January and 6 February 1968.

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 to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  It also states that the Army Good Conduct Medal is 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.
10.  Department of the Army Pamphlet 672-3 shows that the 3d Battalion, 22d Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm for the period 1 August 1967 – August 1968 and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 1 August 1967 – 21 January 1970.  It also shows that the applicant served in Vietnam through three campaigns – Vietnam Counter Offensive Phase III (1 June 1967 – 29 January 1968); Tet Counter Offensive (30 January – 1 April 1968); and Vietnam Counter Offensive Phase IV (2 April – 30 June 1968).

CONCLUSIONS:

1.  Aside from the supporting statement provided by the applicant, provided      30 years after the event, there is no corroborating evidence to show he was wounded in action and therefore entitled to award of the Purple Heart.  The supporting statement indicates the applicant was wounded in the leg by shrapnel in January or February 1968.  However, on his DD Form 93, completed just one year later, he did not indicate that he had been wounded in the leg.  His DD Form 93 indicates a back injury in March 1968 caused by a fall and it verifies the DA Form 20 entry that he was hospitalized, but the hospitalization was for bronchitis, not for a wound.

2.  The evidence of record shows that the applicant met the criteria for award of the Army Good Conduct Medal.  It also shows that he was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal, First Class.  It also shows he served during three campaigns and so is entitled to the Vietnam Service Medal with three bronze service stars.

3.  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 16 March 1967 – 14 March 1969.

2.  That the applicant’s DD Form 214 be amended to show he was awarded the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, and the Vietnam Service Medal with three bronze service stars.

3.  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

			Ernest M. Willcher
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000048936	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0056	
3.		
4.		
5.		
6.