PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           30 May 2002                   
	DOCKET NUMBER:   AR2001063114

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Paula Mokulis		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 reconsideration of that portion of his previous application, which denied his request to have wounds to his left thigh reflected on his DD Form 214, Report of Transfer or Discharge.

3.  In support of his request, he provides a copy of Veterans Administration (VA) Form 10-1174, VA Outpatient Medical Treatment Information, reflecting that, in addition to shell fragment wounds (SFW) to his right buttock, right leg and right shoulder, he also suffered a SFW to the left thigh.  He also provides a 1970 letter from his personal physician confirming that X-Rays show a small bit of metal in his left thigh.

4.  Incorporated herein by reference are military records, which were summarized in a memorandum prepared to reflect the Board’s original consideration of his case (AR2000050916).

5.  The original consideration of this case concerned the applicant’s request to correct his social security number, show the Purple Heart and list his left thigh wound on the DD Form 214.  His application was approved except for that portion pertaining to listing the left thigh wound on the DD Form 214.  However, the documentation he has provided with his current application represents new information that requires consideration by the Board.

6.  A summary of the applicant’s record shows that he was inducted on 1 May 1967, served as a light weapons infantryman with the 11th Infantry Brigade in Vietnam from 1 December 1967 to 5 February 1968, when he was evacuated because of SFW to the right leg, buttock and shoulder.  He separated from active duty to the US Army Reserve from which he was discharged on 1 April 1973.

7.  Block 30, Remarks, of the applicant’s DD Form 214, reflects the SFW he suffered in Vietnam.  His record contains no reference to injuries to his left thigh. His Enlisted Qualification Record also shows that during the entire 2 year period of his active service between 1 May 1967 and 30 April 1969, his conduct and efficiency were both rated as excellent.

8.  The VA Form 10-1174, he provided shows that he was authorized VA treatment for wounds to his right side as well as a wound to his left thigh.  His 

physician’s letter confirms an X-Ray finding of a “small bit of metal in the left thigh” presumably resulting from the same incident that caused the injuries to his right side.

9.  Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service.  For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

CONCLUSIONS:

1.  Information on VA Form 10-1174, pertaining to the applicant’s SFW to the left thigh is only quasi-official, and his physician’s letter, while confirming the presence of a metal piece in his left thigh, does not provide conclusive evidence that the injury occurred as a result of combat.  At the same time, however, there is no reason to doubt the validity of the foregoing information.  Particularly since reflecting it on the DD Form 214, does not authorize any additional entitlements to the applicant.

2.  Accordingly, the Board directs that the SFW to the left thigh be reflected on the DD Form 214, along with the other wounds already shown there.

3.  Additionally, since the entire period of his active service between 1 May 1967 and 30 April 1969, were rated as excellent, it appears that he also meets the criteria for award of the Good Conduct Medal.  It would be appropriate therefore, to include this award on his DD Form 214.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the DD Form 214 of the individual concerned show that he 

suffered a SFW to the left thigh and that he was awarded the Good Conduct Medal for the period 1 May 1967 to 30 April 1969.

BOARD VOTE:  

___jpi___  ___pm___  ___rvo__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Raymond V. O'Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2001063114	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000530	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.