PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 December 2001                   
	DOCKET NUMBER:   AR2001060307

	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. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Jose A. Martinez		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 makes no additional statement.  He provides three photographs, one of which shows him with a bandage around his arm, plus additional supporting evidence as listed on the DD Form 149.  Also provided is a statement from an unidentified individual who apparently is relaying information provided by the applicant.

4.  The applicant’s military records show that he was inducted into the Army on 26 January 1970.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 13A (Field Artilleryman Basic).

5.  The applicant arrived in Vietnam and was assigned to Battery A, 4th Battalion, 42d Artillery, 4th Infantry Division on or about 26 June 1970.  He was reassigned to Company C, 75th Support Battalion, 1st Brigade, 5th Infantry Division on          22 November 1970.  He departed Vietnam on 29 April 1971.  He was released from active duty on 27 September 1971 after completing 1 year, 8 months, and   1 day of creditable active service with no lost time.  His Enlisted Qualification Record, DA Form 20, item 38 shows that his conduct and efficiency were rated as excellent throughout his service.  Item 40 does not indicate that he was wounded.

6.  The applicant’s Report of Transfer or Discharge, DD Form 214, was later amended to add the Bronze Star Medal.

7.  Records at the U. S. Army Total Personnel Command revealed that the applicant was not listed on the Republic of Vietnam Casualty Roster.  A thorough review of the historical records of both Battery A, 4th Battalion, 42d Artillery, 2d Brigade, 4th Infantry Division and Company C, 75th Support Battalion, 1st Brigade, 5th Infantry Division failed to reveal the applicant as being wounded by enemy fire for either incident.  

8.  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.

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 75th Support Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February – 30 April 1971.

CONCLUSIONS:

1.  There is no evidence of record to show that the applicant was wounded in action.  He provides a photograph purportedly showing him with his arm bandaged but provides no explanation as to where, when, or how he was injured.

2.  The applicant met the eligibility criteria for award of the Army Good Conduct Medal.  In addition, he was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is authorized that award.

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 26 January 1970 – 27 September 1971.

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

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

BOARD VOTE:  

__inw___  __tl____  __jam___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Irene N. Wheelwright
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060307	
SUFFIX		
RECON		
DATE BOARDED	20011218	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.