PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           6 June 2002                  
	DOCKET NUMBER:   AR2001063078

	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. Jeanie M. Biggs		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas E. O'Shaughnessy		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 he was wounded in Vietnam by shrapnel and was treated for his wounds, but it was not documented.

4.  In support of his request, he has furnished a notarized statement from a former service member attesting to the fact that the applicant told him he was wounded in the head and leg when his platoon was in an ambush position in Vietnam.  He also submits a copy of his psychiatric examination, dated August 16, 1972.

5.  The applicant’s military records show that he was inducted on 25 May 1970, was awarded the military occupational specialty of light weapon infantryman and served in Vietnam with Company B, 2nd (Infantry) Battalion (Airmobile),
5th Cavalry from 22 October 1970 to 24 October 1971.  He was honorably
discharged in pay grade of E-4 on 25 October 1971.

6.  His DD Form 214 (Report of Transfer or Discharge) lists only the Army Commendation Medal, the National Defense Service Medal, the Vietnam Campaign Medal with 1960 device, and the Vietnam Service Medal as authorized awards.  However, orders contained in his Official Military Personnel Records Jacket (MPRJ) show that he was also awarded the Bronze Star Medal, the Air Medal, the Aircraft Crewman Badge, the Army Commendation Medal, the Vietnam Service Medal with 1 bronze service star, the Combat Infantryman Badge, and the Sharpshooter Badge with rifle bar.  

7.  The MPRJ contains no entries showing that he was wounded in combat or treated for wounds during his service in Vietnam.

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.

9.  Army Regulation 600-8-22 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.  However, at that time, a single efficiency rating of less than excellent was 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.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

10.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that his unit, Company B, 2nd (Infantry) Battalion (Airmobile), 5th Cavalry, was awarded the Valorous Unit Award, the Vietnam Civil Actions Honor Medal, First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star to the Vietnam Service Medal.

CONCLUSIONS:

1.  The applicant has submitted a notarized statement from a former service member indicating that he was wounded in action, however, 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 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 applicant the Purple Heart.

3.  Nonetheless, since he was assigned to Company B, 2nd (Infantry) Battalion (Airmobile), 5th Cavalry during the time it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and the Vietnam Service Medal with one bronze service star he is entitled to have these decoration entered on his separation document.  Furthermore, official orders in his file indicated that he was also awarded the Bronze Star Medal, the Aircraft Crewman Badge, the Combat Infantryman Badge, and the Sharpshooter Badge with rifle bar, which were inadvertently omitted from his DD Form 214, and should now be added to it.

4.  In addition, the applicant’s military record is unblemished without any evidence of disciplinary action or any indication that his service was anything but meritorious.  Therefore, the Board must conclude that the Good Conduct Medal should also have been awarded to the applicant, but for some reason it was overlooked.  It would, therefore, be appropriate to award him the Good Conduct Medal for the period from 25 May 1970 through 25 October 1971.

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 showing that the individual concerned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and that these awards, along with the Bronze Star Medal, the Aircraft Crewman Badge, the Combat Infantryman Badge, the Sharpshooter Badge with rifle bar and the Vietnam Service Medal with one bronze service star, be added to his DD Form 214.

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

BOARD VOTE:  

___sk___  ____jtm__  ____teo_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_______Stanley Kelley       
		        CHAIRPERSON

INDEX

CASE ID	AR2001063078	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020606	
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         1.107.00		
2.		
3.		
4.		
5.		
6.