PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:           6 June 2002                   
	DOCKET NUMBER:   AR2001064858

	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. 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 for a combat injury received on 26 May 1970, in Vietnam.  He states that he received a bullet wound in the right calf muscle.  The bullet worked itself out three weeks after he was wounded.  While he was in the field, he was still able to function so he did not seek medical treatment.

3.  In support of his request, he has included a personal statement setting forth the circumstances of his wounding, which are essentially as noted above.

4.  The applicant's military records show that he was inducted on 22 July 1969, and served in Vietnam with the 3rd Battalion, 21st Infantry, 196th Infantry Brigade, from 25 February 1970 to 24 February 1971. He was honorably separated to the US Army Reserve at the completion of his term of service on 25 February 1971 in pay grade E-4.

5.  Awards shown on his DD Form 214, Report of Transfer or Discharge, include the Vietnam Campaign Medal with 1960 Device, the Vietnam Service Medal (which reflects no campaign credits but should show that he was present during 3 campaigns), the National Defense Service Medal, the Army Commendation Medal and the Marksman Badge with rifle bar.  The DD Form 214 does not show the Purple Heart as an authorized award; nor, do his medical or personnel records contain any reference to wounds received in action.

6.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

7.  The same regulation 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.

8.  The awards regulation also provides for service stars to be worn on campaign and service ribbons to denote an additional award.  One bronze service star is authorized on the Vietnam Service Medal for each campaign.

9.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

CONCLUSIONS:  

1.  The applicant’s record contains no evidence and he has provided no evidence to show that he was wounded in action and is entitled to the Purple Heart.  Without such evidence there are no grounds for the Board to award the Purple Heart.

2.  Notwithstanding the foregoing, his record reflects that he performed his duties during the period of his active duty service from 22 July 1969 to 25 February 1971, in a manner warranting award of the Good Conduct Medal, as evidenced by the award of the Army Commendation Medal, but that award is not shown on the separation document.  Likewise, by virtue of his assignment in Vietnam, he is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and 3 bronze service stars on his already awarded Vietnam Service Medal, which also are not reflected on the separation document.

3.  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:

	a.  awarding the individual concerned the Good Conduct Medal for the period 22 July 1969 to 25 February 1971;

	b. showing that he was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm; and 

	c.  showing that he is entitled to 3 bronze service stars on his Vietnam Service Medal.

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	AR2001064858	
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 PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.