PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            18 April 2002
	DOCKET NUMBER:   AR2001062394

	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. P. A. Castle		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		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 that he was awarded the Silver Star (SS) and the Purple Heart (PH).

3.  With regard to award of the Silver Star, the applicant has not exhausted his administrative remedy and has been advised in separate correspondence to submit a recommendation for award of the Silver Star under the provisions of Section 1130, Title 10, United States Code.  Therefore, this portion of the applicant’s request is not discussed further in these Proceedings.

4.  The applicant states, that in Vietnam, he was injured and treated for his injury at the company area by a medic and was never in the hospital.  He contends that the Army should award him the PH after they coordinate with the soldiers on the list he submitted as evidence.

5.  The applicant's military record shows he was inducted on 2 January 1968, and completed basic combat training and advanced individual training as a light weapons infantryman.  On 8 March 1968, the applicant received an accelerated promotion to the pay grade of E-2 and after completing the Noncommissioned Officer Candidate School, he was promoted to the pay grade of E-5.

6.  He was assigned to Vietnam on 22 January 1969, and continued to serve until       25 December 1969.  He was released from active duty (REFRAD), in the pay grade of E-5, on 26 December 1969, with an honorable characterization of service.  He was then transferred to the USAR Control Group (Annual Training).  His separation report reflects that during his service he was awarded the National Defense Service Medal (NDSM), the Vietnam Campaign Medal (VCM), and the Vietnam Service Medal (VSM).  Further, a review of the applicant’s record shows no basis that could serve to disqualify him for award of the Good Conduct Medal (GCM).

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (4th Infantry Division) was credited with participating in four designated campaigns during the applicant’s period of assignment and that he is authorized a bronze service star (BSS) for each campaign.  Also, based on the unit’s period of participation, the applicant should be awarded the Republic of Vietnam Gallantry Cross with/Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

8.  In previous attempts to receive the PH, the applicant requested assistance from his Congressman in 1971, 1972, 1973, 1974 and 1977.   He was advised each time that there was no evidence to show he was wounded or injured as a result of action against the enemy, and in the absence of such a record, the award of the PH was denied. 

9.  In support of this application to the Board for the PH the applicant has submitted the names of ten soldiers who allegedly served with him in Vietnam.  He contends these soldiers can confirm his eligibility for the PH award.

10.  There is no evidence in the records of an order for the PH.  There is no entry about an injury on the applicant’s DA Form 20, Enlisted Qualification Record, or his report of discharge (DD Form 214), which he signed and authenticated as being correct, prior to his REFRAD.

11.  Army Regulation 600-8-22 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  A review of the applicant’s records shows no basis that could serve to disqualify him for the award of the Good Conduct Medal.

12.  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.

CONCLUSIONS:

1.  The evidence of record confirms 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 four bronze service stars on his VSM.

2.  The evidence of record confirms the applicant is entitled to award of the Good Conduct Medal for his service for the period from 2 January 1968 through 26 December 1969.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has not provided sufficient documentation or evidence to support his contention that he qualifies for the PH.  Inasmuch as the Board is not an investigative agency, the burden of proof rests with the applicant to demonstrate error or injustice in his case.

4.  The contentions of the applicant, along with his belief that he is authorized the PH, have been noted by the Board.  However, they are not supported by the evidence submitted with his application or the evidence of record.

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: 

a.  by showing that he is entitled to four bronze service stars on his Vietnam Service Medal; and;

b.  by awarding him the Republic of Vietnam Gallantry Cross with/Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and the Good Conduct Medal for the period of service from 2 January 1968 thru          26 December 1969.

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

BOARD VOTE:  

___fe ___  __reb ___  _be____  GRANT AS STATED IN RECOMMENDATION

________  ________  _______  GRANT FORMAL HEARING

________  ________  _______  DENY APPLICATION

		____Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2001062394	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT  PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  140	107.0094/RVNGC	
3.  141	107.0095/RVNCA	
4.  102	107.0056/GCM	
5.		
6.