PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           23 August 2001
	DOCKET NUMBER:   AR2001059948

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern 		Chairperson	
	Mr. Thomas Lanyi		Member	
	Ms. Paula Mokulis		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 his DD Form 214, (Report of Transfer or Discharge), be corrected to show that he was awarded the Purple Heart.

3.  The applicant states that his DD Form 214 does not show that he was awarded a Purple Heart.

4.  In support of his request, he submits a copy of a Purple Heart Certificate showing that he was awarded the Purple Heart for wounds received on 5 December 1969.

5.  The applicant’s military records show that he was inducted on 7 February 1969 and served as an infantryman in Vietnam from 23 July 1969 to 22 July 1970.  He was honorably separated to the US Army Reserve on 5 February 1971 in pay grade E-4.

6.  Awards reflected on his DD Form 214 include the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Air Medal, the Army Commendation Medal with “V” device, the Bronze Star Medal with “V” device, and the Marksman Badge with rifle and machine gun bars. 

7.  The Purple Heart Certificate shows that the applicant was awarded the Purple Heart for wounds received in action on 5 December 1969 in the Republic of Vietnam.

8.  His DA Form 20, Enlisted Qualification Record, Item 40 (Wounds) contains the entry “sprained finger right hand” dated 5 December 1969.

9.  Based on Department of the Army General Orders Number 8, dated 19 March 1974, all units assigned to Vietnam between 8 February 1962 to 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation 

10.  AR 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.

11.  The same regulation provides that the Good Conduct Medal is awarded to soldiers who distinguish themselves by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active federal military service.  For the first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year.

12.  AR 600-200 provides, in pertinent part, Item 40 (Wounds) of the DA Form 20 will contain a brief description of wounds or injuries (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.

CONCLUSIONS:

1.  The evidence of record clearly establishes that the applicant was wounded as a result of hostile action in Vietnam on 5 December 1969, which entitled him to the Purple Heart.  He is therefore, also entitled to have it shown on his             DD Form 214.

2.  The applicant was assigned to a unit in Vietnam during the period the Vietnam Gallantry Cross with Palm Unit Citation was awarded to it.  Therefore, he is entitled to correction of his military records to show this award.  

3.  Additionally, he was promoted to the grade of specialist in less than two years, received, several awards for valor, has no record of disciplinary action or time lost reflected in his record during his service from 7 February 1969 to 5 February 1971, and received a honorable discharge.  He apparently was qualified for but never awarded the Good Conduct Medal.  It would be appropriate therefore to add this award to those shown on his DD Form 214.

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 by:

a.  showing that the individual concerned was awarded the Purple Heart for wounds suffered in Vietnam on 5 December 1969,

b.  showing that he was awarded the Good Conduct Medal for the period of 7 February 1969 to 5 February 1971; and

c.  showing that he was awarded the Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:  

___pm_  ____jhk __  _____tl__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________John H. Kern _________
		        CHAIRPERSON

INDEX

CASE ID	AR2001059948	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010823 	
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.		
3.		
4.		
5.		
6.