PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 January 2001                   
	DOCKET NUMBER:   AR2000049868

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen A. Heinz		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 injured while in Vietnam.  He provides four medical documents as supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on   3 November 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

5.  The applicant arrived in Vietnam on or about 24 August 1970 and was assigned to the 1st Battalion, 61st Infantry, 1st Infantry Brigade, 5th Infantry Division as an 11C assistant gunner and ammunition bearer.

6.  On 4 July 1971, the applicant was injured with second degree burns of the back and right arm.  The Abbreviated Clinical Record provided by the applicant notes that the injury was the result of a friendly rocket explosion.  No further details are provided.  He was medically evacuated on 10 July 1971.  He was released from active duty on 24 August 1971 upon completion of his hospitalization.  He had completed 1 year, 9 months and 22 days of creditable active service with 2 days of lost time.  His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency had been rated as “excellent” throughout his service.

7.  General Orders 1342, Headquarters, 1st Infantry Brigade, 5th Infantry Division, undated awarded the applicant (and numerous others) the Bronze Star Medal for meritorious service from August 1970 to July 1971.  The Bronze Star Medal is not listed on his Report of Transfer or Discharge, DD Form 214.

8.  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.  When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

9.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It 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.

10.  Department of the Army Pamphlet 672-3 shows that the 1st Battalion, 61st Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 30 – 31 October 1970.  Later, all units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm.

CONCLUSIONS:

1.  The eligibility criteria for award of the Purple Heart requires that the wound be incurred as a result of enemy action.  The evidence provided by the applicant shows that he was injured as a result of a friendly rocket explosion but there is no substantiating evidence to show that the rocket explosion was the result of enemy action.

2.  Even though the applicant had 2 days of lost time, his conduct and efficiency had been rated as “excellent” throughout his service.  The Board concludes that this minor misconduct should not negate favorable consideration for award of the Army Good Conduct Medal and that it would be appropriate to award him the Army Good Conduct Medal for the period 3 November 1969 through 24 August 1971.

3.  The evidence of record shows that the applicant had been awarded the Bronze Star Medal.  He was also assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class. The unit was also awarded the Republic of Vietnam Cross of Gallantry with Palm by virtue of having been assigned to Vietnam.

4.  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 3 November 1969 through 24 August 1971.

2.  That the applicant’s DD Form 214 be amended to add the Bronze Star Medal, the Army Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal, First Class, 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:  

__jh____  __le____  __kah___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			June Hajjar
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000049868	
SUFFIX		
RECON		
DATE BOARDED	20010125	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.