PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:             14 May 2002                 
	DOCKET NUMBER:    AR2001062389

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman, Jr.		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 award of the Purple Heart (PH) and any other ribbons/citations for his active service.

3.  The applicant states that he did not receive the PH.  Further, that over the years it has become more important to him to recognize his service to country.  He provides copies of Department of Veterans Affairs documents which show he was awarded compensation for service-connection for residual shell fragment wound, left cornea; scar, left eardrum, residual explosion; and scar, residual shell fragment wounds left thigh.

4.  The applicant’s military records show that he was inducted into the Army effective 19 July 1967.  He completed his required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  During the period 20 December 1967 through 12 December 1968, he served in a unit in Vietnam.

6.  On 28 May 1969, a separation physical examination indicates his physical profile as 111111A with no indication of wounds.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows no wounds being recorded.

7.  On 18 July 1969, he was honorably separated under Army Regulation 635-200 and transferred to the Army Reserve for completion of the remainder of his service obligation.  His separation document indicates he was awarded the Army Commendation Medal, the National Defense Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Service Medal with 4 bronze service stars and the Republic of Vietnam Campaign Medal.

8.  A review of the historical files of the applicant’s unit at the time of the alleged incident failed to reveal any information of the incident he described or identify the individuals he named.

9.  Army Regulation 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 the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 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 GCMDL, disqualification must be justified.  

CONCLUSIONS:

1.  There is no evidence in the available record that the applicant met the qualification for award of the PH; therefore, he is not entitled to that award.

2.  A review of the historical records of his assigned unit at the time failed to reveal any information in support of his claim.

3.  The Board notes that he met the qualifications for award of the GCMDL and his record should be corrected accordingly.

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 showing award of the GCMDL for the period 19 July 1967 through 18 July 1969.

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

BOARD VOTE:  

_kan____  _mhm___  _dph____ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Melvin H. Meyer
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001062389	
SUFFIX		
RECON		
DATE BOARDED	20020514	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.