PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            5 February 2002
	DOCKET NUMBER:   AR2001060831

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karol A. Kennedy		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, in effect, that he be awarded two Purple Hearts.

3.  The applicant states, in effect, that he was injured in Vietnam in April and October 1968, and was never awarded Purple Hearts for those injuries.  He goes on to state that he was involved in a vehicle wreck, that he was hospitalized in Japan and Texas and that the field medic never followed through with the paperwork. 

4.  The applicant’s military records show that he enlisted in Dallas, Texas on 22 November 1965 for a period of 4 years.  He successfully completed his training and was transferred to Germany for duty as a light weapons infantryman. He was promoted to the pay grade of E-5 on 11 September 1967.

5.  On 26 February 1968, he was transferred to Vietnam for duty as an armor intelligence specialist.  He was assigned to K Troop, 3d Squadron, 11th Armored Cavalry and was awarded the Combat Infantryman Badge (CIB) on 1 July 1968.

6.  On 28 October 1968 he suffered a broken right leg with a possible spinal injury.  On 1 November 1968, he was evacuated to a hospital in Japan.  The facts and circumstances surrounding his injury are not present in the available records; however, on 15 November 1968, he was transferred to Brooke General Hospital (BGH) in San Antonio, Texas.  He remained at BGH until he was transferred to Fort Hood, Texas on 22 January 1969, for duty as an assistant squad leader.

7.  He remained at Fort Hood until he was honorably released from active duty on 21 November 1969.  He had served 4 years of total active service and was awarded the CIB, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with four bronze service stars and the National Defense Service Medal.

8.  He was transferred to the United States Army Reserve (USAR) Control Group (Standby) and remained there until he enlisted in the Texas Army National Guard (TXARNG), where he remained until he was honorably released on 26 June 1994 and was transferred to the USAR Control Group (Retired).

9.  A review of the Vietnam Casualty Listing compiled by the Office of the Surgeon General of the Army fails to reveal that the applicant was ever reported as a combat related casualty.

10.  A review of the applicant’s records shows that he always had excellent conduct and efficiency ratings and there is no record of any derogatory information contained in his Official Military Personnel File.

11.  Department of the Army Pamphlet 672-3 provides a by-unit listing of Unit Citation and Campaign participation.  It shows that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Presidential Unit Citation (PUC) during his tenure with that unit.

12.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

13.  That Regulation also outlines the criteria for award of the Good Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL.

CONCLUSIONS:

1.  While the evidence of record shows that he was injured in Vietnam and was transferred to two separate hospitals for treatment, the evidence does not provide sufficient evidence to determine if the injury was sustained as a result of hostile action.  Therefore, in the absence of evidence to the contrary, the Board must presume that the applicant was not considered a combat casualty and is therefore not entitled to be awarded the Purple Heart.

2.  However, the evidence does shows that subsequent to the applicant’s departure from Vietnam, his unit was awarded the RVNGC w/Palm Unit Citation and the PUC.  Accordingly, it would be in the interest of justice to award him those awards at this time.

3.  The Board also notes that at the time he was eligible for award of the GCMDL, he was in a patient status at BGH.  Given his record of exemplary service, the Board finds that it would be in the interest of justice to award him the GCMDL for the period of 22 November 1965 to 21 November 1968.

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 individual concerned the GCMDL for the period of 22 November 1965 to 21 November 1968, the RVNGC w/Palm Unit Citation and the PUC. 

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

BOARD VOTE:  

___ra ___  __jh ____  __kak___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______June Hajjar_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001060831	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/05	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.  77	107.0031/PUC	
3.  102	107.0056/GCMDL	
4.  140	107.0094/RVNGC	
5.		
6.