PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           7 February 2002
	DOCKET NUMBER:   AR2001061767

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Lester Echols		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 correction of his records to show award of the Purple Heart (PH).  

3.  The applicant states that on 14 February 1987, he became paralyzed due to a blood clot in his middle, upper back.  The condition resolved and the attending physician never asked him about any previous injuries.  In 1997, he was seen by a doctor at the Jerry L. Pettis Memorial Veterans Medical Center who explained that he had scar tissue around an old shrapnel wound, that this may have caused his blood clot, and that the clot could reoccur.  This conversation caused him to remember his war wound and discover that he had never been credited with a PH.  In support of his request, he submits a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show that he was inducted into the Army of the United States on 15 August 1967.  He served in military occupational specialty (MOS) 11F, Dog Handler.  He served in the Republic of Vietnam (RVN) from 9 November 1968 through 9 August 1969 with the 40th Infantry Platoon (Scout Dog), 4th Infantry Division.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he received a fragment wound to his back on 28 February 1969.  The Vietnam Casualty Roster for 28 February 1969 shows the applicant's name with the annotation "code 24" indicating that he was slightly wounded, but was not hospitalized.  There are no orders in the applicant’s records for the PH.

6.  On 4 July 1969, General Orders Number 3673, Headquarters, 4th Infantry Division, dated 4 July 1969, awarded the applicant the Army Commendation Medal (ARCOM).

7.  On 10 August 1969, the applicant was reassigned from the RVN to Fort Lewis, Washington, for separation processing.  On the same date, he underwent a medical examination that indicates that he was qualified for separation.

8.  On 10 August 1969, the applicant was honorably discharged.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Sharpshooter Bade (Rifle M-14/M-16) and one Overseas Service Bar.

9.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

10.  AR 600-8-22 provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

11.  AR 600-8-22 also 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.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to 28 July 1969 by Department of the Army General Order Number 3, dated 1970.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal for the period 1 August 1967to 31 October 1969 by Department of the Army General Order Number 53, dated 1970.  Further, it shows that he parcticpated in three campaigns -- Vietnam Counteroffensive, Phase IV, Tet 1969, and Vietnam Summer-Fall 1969 -- and is entitled to wear three Bronze Service Stars on his Vietnam Service Medal.

CONCLUSIONS:

1.  The applicant is entitled to correction of his DD Form 214 to show award of the PH for the wound that he received on 28 February 1969.  

2.  The applicant is also entitled to have his records corrected to show award of the ARCOM based upon orders found in his records.

3.  The applicant is also entitled to award of the GCMDL, the Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, and three Bronze Service Stars for his Vietnam Service Medal.

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 issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show award of the PH, the ARCOM, the GCMDL, the Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, and three Bronze Service Stars for his Vietnam Service Medal.

BOARD VOTE:  

__FNE__  __MPK__  __LE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__   _Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001061767	
SUFFIX		
RECON	 	
DATE BOARDED	20020207	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690810	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	A03.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	144.0300	
2.	107.0015	
3.	107.0020	
4.		
5.		
6.