PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           18 December 2001                   
	DOCKET NUMBER:  AR2001062593

	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:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyl		Member	
	Mr. Jose A. Martinez		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 entitlement to award of the Purple Heart (PH), the Republic of Vietnam (RVN) Gallantry Cross with Palm, RVN Civil Action Honor Medal First Class, Valorous Unit Award (VUA) and issuance of a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant states that he is entitled to the requested awards and provides evidence in the form of orders and a copy of a page 6 of a unit Staff Duty Report. He also provides copies of Department of Veterans Affairs documents in support of his request for the PH. 

4.  The applicant’s military medical records, dated 4 February 1966, show that he gave evidence of earaches and a running ear prior to induction into the Army on 21 July 1966.  He completed his required training and was awarded military occupational specialty 11D (Armor Intelligence Specialist).

5.  During the period 4 May 1967 to 24 April 1968, the applicant served in Troop B, 1st Squadron, 4th Calvary, 1st Infantry Division in the RVN.

6.  Page 6, of a Staff Duty Report, dated 19 January 1968, indicates that “The individual that was dustoffed (sic) was (the applicant), US 52686274, evacuated to the 18th at Lai Khe.”

7.  On 29 April 1968, a Standard Form 88 (Report of Medical Examination) shows the applicant’s separation physical examination cleared him for separation with a physical profile of 111111A and that he had a “bilateral neurosensory hypacusis, high frequency.  Cleared for discharge.”  A Standard Form 89 (Report of Medical History) shows the applicant indicated he was hit with a grenade in the jaw which messed up his right ear; was involved in an automobile accident which caused brain injury, nerve damage and paralyzed his left side.  The physician indicated he had a bilateral hearing loss and that presently he had no other symptoms. 

8.  On 29 April 1968, he was honorably separated under Army Regulation 635-200, based on his early return from overseas.  His DD Form 214 shows he had   1 year, 9 months, and 9 days of creditable service.  He was entitled to award of the National Defense Service Medal, the RVN Service Medal, the RVN Campaign Medal and the Combat Infantryman Badge.

9.  On 19 May 1968, General Order Number 4674, 1st Infantry Division announced award of the Army Commendation Medal (ARCOM) to the applicant for the period May 1967 to April 1968.

10.  Army Regulation 600-8-22 (Military Awards) 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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant’s unit was cited for award of the Vietnam Cross of Gallantry with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969, and the Civil Action Honor Medal, First Class for the period October 1965 to 7 April 1970 by DAGO Number 53, dated 1970.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.  The unit to which the applicant was assigned was awarded the VUA for the period 31 January through 31 May 1968 by Department of the Army General Order 31, dated 1969.

13.  Army Regulation 600-8-22 (Military Awards) 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.  

14.  Army Regulation 635-5 (Personnel Separations) indicates, in pertinent part, that a DD Form 214 will be corrected by completing a DD Form 215 (Correction to DD Form 214).

CONCLUSIONS:

1.  There is insufficient evidence to support award of the PH.  The evidence does not show the applicant was wounded as the result of hostile action.

2.  The evidence of record clearly shows entitlement to award of the Republic of Vietnam Gallantry Cross with Palm, the RVN Civil Action Honor Medal First Class, the VUA, the ARCOM and the GCMDL.

3.  The applicant’s request for issue of a new DD Form 214 is noted; however, corrections are made on a DD Form 215 as prescribed by regulation.

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 the individual concerned was awarded of the Republic of Vietnam Gallantry Cross with Palm, the RVN Civil Action Honor Medal First Class, the VUA, the ARCOM for the period May 1967 to April 1968 and the GCMDL for the period 21 July 1966 to 29 April 1968.

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

BOARD VOTE:  

_jam_____  _tl______ _inw____ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Irene N. Wheelwright
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001062593	
SUFFIX		
RECON		
DATE BOARDED	20011218	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.