PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           28 February 2002                   
	DOCKET NUMBER:   AR2001062296

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. John T. Meixell		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 (PH). 

3.  The applicant states that while he was wounded on 18 August 1969 in Vietnam, the combat situation at the time prevented his wound from being properly recorded.

4.  In support of his application he submits a statement from a retired master sergeant who says he was atop a bunker with the applicant when a mortar round hit a roll of concertina wire in front of the bunker.  The applicant was struck by a piece of shrapnel in his neck.  A medic was called who removed a piece of shrapnel from the applicant’s neck and bandaged the wound.

5.  Also submitted in support of his application is an after-action report from his former command in Vietnam.

6.  The applicant’s military records show that he enlisted in the Regular Army on 5 February 1969, was awarded the military occupational specialty (MOS) of indirect fire crewman, and was promoted to pay grade E-3.  On 10 October 1969, while in Vietnam, the applicant reenlisted to be a helicopter repairman.  He was promoted to pay grade E-4 and was honorably released from active duty on 18 April 1972.  Other than his awards for being in Vietnam, his only award or decoration was the Combat Infantryman Badge (CIB).

7.  The applicant’s DA Form 20, Enlisted Qualification Record, item 40, Wounds, has no entries.  However, this form shows that the applicant was credited with serving in Vietnam during the following campaigns:  Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.  This regulation also specifies that when a soldier is awarded a service medal, he or she is given a bronze service star for each campaign that was fought while the soldier was assigned to the country or area designated for the service medal.

9.  This regulation also provides that the Good Conduct Medal 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.  A record of punishment is not automatically disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. 

10.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

CONCLUSIONS:

1.  While the applicant has submitted a statement indicating that he sustained a wound in action, as he himself notes, there is no evidence or indication that his treatment was made a matter of official record.

2.  While the Board has no reason to doubt the statement of events regarding his wounding, such individual statements are acceptable only where corroborating evidence is available from official sources.  In the absence of evidence showing that he was wounded as a result of hostile action, there are no grounds for this Board to award the Purple Heart.

3.  However, the applicant served in four campaigns in Vietnam and should have four bronze service stars added to his Vietnam Service Medal.  Likewise, he should be awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

4.  In addition, the applicant’s military record is unblemished with any disciplinary action or any indication that his service was anything but meritorious.  Therefore, the Board must conclude that the Good Conduct Medal should have been awarded to the applicant, but for some reason it was overlooked.

5.  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:

	a.  Adding four bronze service stars to his Vietnam Service Medal; 

	b.  Awarding him the Good Conduct Medal for the period from 5 February 1969 through 4 February 1972; and

	c.  Awarding him the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jtm____  ___cla__  ___rvo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Raymond V. O'Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2001062296	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020228	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.