PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            7 March 2002
	DOCKET NUMBER:   AR2001060582

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		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 his Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Purple Heart.

3.  The applicant states that the fact that he was awarded the Purple Heart should be included in the records.  In support of his appeal he submits a copy of the certificate awarding him the Purple Heart; a copy of his certificate of retirement; and a copy of his DD Form 214 for the period covering 25 August 1966 through 20 February 1968.

4.  The applicant’s military records show that he was inducted in the Army on 25 August 1966 at Fort Jackson, South Carolina.  He successfully completed his training as a infantry indirect fire crewman.  

5.  On 20 January 1967, he was transferred to Vietnam and he was assigned to Company A, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade.  While in Vietnam, he participated in two designated campaign periods (Vietnam Counteroffensive, Phases II and III).

6.  On 2 May 1967, the applicant’s parents were notified via Western Union Telefax that he was slightly wounded in Vietnam on 1 May 1967 as a result of hostile action.  The telefax indicates that the applicant sustained a metal fragment wound to his right leg from a hostile booby trap while he was in combat. The telefax further indicates that he was initially treated at the 24th Evacuation Hospital and that he was being held for further treatment.

7.  The records show that on 3 May 1967, the applicant was awarded the Purple Heart as a result of the wounds that he received in action on 1 May 1967.  The records also show that he was transferred to Walter Reed Army Hospital on 11 June 1967, where he received further treatment for his wounds.  He was later released from active duty on 20 February 1968 and he was placed on the Temporary Disability Retired List.  He had completed 1 year, 6 months and 6 days of total active service.  

8.  The DD Form 214, that he was furnished at the time of his release from active duty shows that he was awarded the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the National Defense Service Medal, the Combat Infantryman Badge and the Expert Badge (Rifle M-14).

9.  However, his records fail to show that orders were ever published awarding him the Purple Heart.

10.  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.

11.  Army Regulation 600-8-22 also provides that bronze service stars are awarded to represent participation in designated campaign periods.  During the Vietnam era the bronze service stars were affixed to the Vietnam Service Medal.

12.  Army Regulation 600-8-22 further provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Military Assistance Command and its subordinate units for service in Vietnam during the period covering 20 July 1965 to 28 March 1973.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 12 December 1966 to 31 August 1970 by Department of the Army General Order Number 31, dated 1971.

CONCLUSIONS:

1.  It appears that an error was made during the preparation of the applicant’s DD Form 214 which resulted in the award of the Purple Heart being omitted.

2.  The evidence of record shows that he was wounded as a result of hostile action by the enemy on 1 May 1967 while he was serving in the rank of Private First Class and he was treated by competent medical officials.

3.  He was awarded the Purple Heart on 3 May 1967 and his DD Form 214 should be amended accordingly.

4.  In accordance with Army Regulation 600-8-22, the applicant completed a qualifying period of service for award of the Army Good Conduct Medal when he was released from active duty on 20 February 1968 and placed on the TDRL.  There is no evidence that his commander ever disqualified him from receiving the award and no evidence of any misconduct, which would justify denying him the award.  The Board has concluded that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate to amend his DD Form 214 to reflect his decoration.

5.  The evidence of record also confirms that the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and two bronze service stars added to his Vietnam Service Medal.

6.  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: 

a.  by showing that the individual concerned was awarded the Purple Heart on 3 May 1967, while serving in the rank of Private First Class, for the metal fragment wound that he received to his right leg as a result of hostile action by the enemy;

b.  by awarding him the Army Good Conduct Medal for the period 25 August 1966 through 20 February 1968; and

c.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and two bronze service stars on his Vietnam Service Medal.

BOARD VOTE:  

__rks ___  ___rvo __  ___jpi ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2001060532	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/07	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.