PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 September 2001                   
	DOCKET NUMBER:   AR2001059661

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Eric N. Anderson		Member	
	Mr. Thomas E. O’Shaughnessy, 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 awarded the Purple Heart but did not receive it.  He provides his report of Transfer or Discharge, DD Form 214, as supporting evidence.

4.  The applicant’s military records show that he enlisted in the Regular Army on 13 March 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 93H (Air Traffic Controller).

5.  The applicant arrived in Vietnam on or about 12 March 1969.  He was assigned to the 361st Aviation Support Detachment, the 125th Aviation Company, and the 366th Aviation Company as an air traffic control tower operator.  His Enlisted Qualification Record, DA Form 20, item 40 does not show that he was wounded.  He departed Vietnam on 4 March 1970.

6.  On 5 March 1970, the applicant completed a separation physical.  No wounds were noted on his Report of Medical Examination, SF 88, and he did not list any wounds on his Report of Medical History, SF 89.  He was released from active duty on 5 March 1970 after completing 2 years, 11 months, and 23 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 enlistment.

7.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

8.  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.

9.  Department of the Army Pamphlet 672-3 shows that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Honor Medal, First Class.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was not awarded the Purple Heart or that he was wounded in action and he provides no evidence to show otherwise.

2.  The applicant did meet the eligibility criteria for award of the Army Good Conduct Medal.  He also is entitled to award of the Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Honor Medal, First Class.

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 13 March 1967 – 5 March 1970.

2.  That the applicant’s DD Form 214 be amended to add the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Honor Medal, First Class.

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

BOARD VOTE:  

__rvo___  __ena___  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001059661	
SUFFIX		
RECON		
DATE BOARDED	20010927	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.