PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 March 2002                   
	DOCKET NUMBER:   AR2001060320

	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. Joann H. Langston		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Roger W. Able		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 records be corrected to show he was awarded the Purple Heart.

3.  The applicant states that he was given the Purple Heart at Cam Ranh Bay around April 1971 but never received orders.  He provides no supporting evidence.

4.  The applicant’s military records show that he was inducted into the Army on 11 September 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  The applicant arrived in Vietnam on or about 21 February 1970 and was assigned to Troop B, 2d Squadron, 1st Cavalry.  He was reassigned to Company A, 1st Battalion, 50th Infantry on 4 September 1970.  He was reassigned to Troop A, 1st Squadron, 10th Cavalry on 2 November 1970.  He departed Vietnam on     13 April 1971.

6.  On 14 April 1971, the applicant was released from active duty after completing 1 year, 7 months, and 4 days of creditable active service with no lost time.  His Enlisted Qualification Record, DA Form 20, item 40 does not indicate that he received any wounds.  His medical records are not available.  His Report of Medical Separation, SF 88, is available but is mostly illegible.  Item 38 of his DA Form 20 shows that his conduct and efficiency had been rated as excellent throughout his service. 

7.  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.

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 2d Squadron, 1st Cavalry was awarded the Republic of Vietnam Gallantry Cross Unit Citation     with Silver Star for the period 1 June 1969 - 30 August 1970 and the Republic    of Vietnam Gallantry Cross Unit Citation with Palm for the period 29 July       1969 – 17 November 1970.  The 1st Battalion, 50th Infantry was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Silver Star for the period  1 September 1969 – 15 December 1970.  It states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge are not authorized, official military personnel and historical records will indicate all awards received.

10.  A search by the U. S. Total Army Personnel Command revealed the applicant was not listed on the Republic of Vietnam Casualty Roster.  A review of historical records at the National Archives, College Park, MD for A Troop, 1st Squadron, 10th Cavalry and for the 173d Airborne Brigade failed to identify the applicant as being entitled to award of the Purple Heart.

CONCLUSIONS:

1.  There is no evidence of record to show that the applicant was wounded in action.  He contends that he was awarded the Purple Heart but he provides no details of the action that led to his being wounded and no corroborating evidence to show he was wounded in action.  Therefore, the Board cannot confirm his eligibility for award of the Purple Heart.

2.  The applicant met the eligibility criteria for award of the Army Good Conduct Medal.

3.  The applicant was assigned to units during a period of time those units were awarded the Republic of Vietnam Gallantry Cross Unit Citation (with Silver Star twice and with Palm once).  He is therefore eligible to wear this Unit Citation.

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 11 September 1969 – 14 April 1971.

2.  That the applicant’s Report of Transfer or Discharge, DD Form 214, be amended to add the Army Good Conduct Medal, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Silver Star and one award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jhl___  __wtm___  __rwa___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Joann H. Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060320	
SUFFIX		
RECON		
DATE BOARDED	20020314	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.