PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           07 AUGUST 2001
	DOCKET NUMBER:   AR2001056658

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern III		Member	
	Ms. Regan K. Smith		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 medals that he is entitled to, including the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation (PUC), the Valorous Unit Award (VUA), the Republic of Vietnam Civil Actions Honor Medal First Class, and the Purple Heart.

3.  The applicant states that he never received all his medals when he departed Vietnam.  He stated that he was wounded while firing at the Viet Cong one night when a shell went off close to his face, leaving his eyes “flash burned” and his ears ringing.  His ears became infected and the ringing continued for almost two weeks.  He also stated that while he was on guard duty a shell went off over his head and fragments hit his forehead, causing a cut.  He was pretty green then, and did not know what to do or say.  He did not receive the Purple Heart for wounds that he received in either incident.   

4.  The applicant’s military records show that he enlisted in the Army for three years on 29 December 1967.  The applicant completed training and in June 1968 was assigned to the 4th Battalion, 60th Artillery in Vietnam.  Orders show that he was further assigned to Battery C of that battalion.  The applicant participated in four campaigns during his tour in Vietnam, and in June 1969 was assigned to Fort Bliss, Texas.  The Unit Citation and Campaign Participation Credit Register (DA Pamphlet 672-3) shows that the 4th Battalion, 60th Artillery was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for its actions while he was assigned to that organization. It does not reflect award of the PUC, the VUA, or the Republic of Vietnam Civil Actions Honor Medal First Class for that battalion or for Battery C. 

5.  The applicant was assigned to the Overseas Replacement Station at Fort Dix, New Jersey, for onward movement to Germany, and on 1 February 1970 was assigned to an artillery battalion in Germany.  On 18 July 1970 he was awarded the Marksman Qualification Badge with rifle bar.  The applicant returned to the United States in December 1970 and was released from active duty in the grade of E-4 on 22 December 1970.  He had 2 years, 11 months, and 24 days of service.  His character of service was honorable.  His DD Form 214 (Report of Transfer or Discharge) shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  

6.  Army Regulation 600-8-22 provides 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.

7.  Army Regulation 600-8-22, chapter 4 prescribes the eligibility criteria for award of the Army Good Conduct Medal, and states in pertinent part, that the medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  One of the qualifying periods of service for the award is upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year (for first award only).

8.  Army Regulation 672-3, the Unit Citation and Campaign Participation Credit Register, contains a register of unit citations and campaign participation credits for the Vietnam conflict.  

CONCLUSIONS:

1.  The applicant served his country honorably and faithfully as evidenced by his service record.  He is entitled to award of the Army Good Conduct Medal.

2.  The applicant participated in four campaigns during his tour in Vietnam.  He is entitled to award of the Vietnam Service Medal with four bronze service stars.  

3.  The applicant is entitled to award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The applicant was awarded the Marksman Qualification Badge with rifle bar.  That award should be reflected on his DD Form 214.

5.  There is no evidence, nor has the applicant submitted any, to show that he was wounded in action.  He is not entitled to award of the Purple Heart.

6.  There is no evidence, nor has the applicant provided any, to substantiate award of the Presidential Unit Citation, the Valorous Unit Award, or the Republic of Vietnam Civil Actions Honor Medal First Class.  Consequently, the applicant is not entitled to those awards. 

7.  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 showing that the applicant was awarded the Army Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Qualification Badge with rifle bar. 

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

BOARD VOTE:  

__MKP__  __TBR __  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret K. Patterson    
		        CHAIRPERSON

INDEX

CASE ID	AR2001056658	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010807	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	46	
3.		
4.		
5.		
6.