PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           7 May 2002
	DOCKET NUMBER:   AR2002067507

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumper		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. John T. Meixell		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, in effect, that his DD Form 214 (Report of Transfer or Discharge), be corrected to show that he was awarded the Purple Heart and all other authorized awards.

3.  The applicant states, in effect, that his award of the Purple Heart is not properly reflected in his records.

4.  In support of his request he submits a copy of a certificate, which indicates he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 4 February 1968.

5.  He served in the Army from 17 February 1967 through 14 February 1969.  He served with Company C, 1st Battalion, 12th Infantry, 4th Infantry Division in Vietnam from 21 August 1967 through 16 February 1968.  He achieved the grade of E-4, and was honorably separated from active duty and transferred to the U.S. Army Reserve on 14 February 1969.

6.  His awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, and the Marksman Badge with rifle bar.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), reflects that he suffered fragment wounds to the head and shoulders on 4 February 1968.  Item 41 (Awards and Decorations) does not reflect the Purple Heart as an authorized award and the applicant signed the form.

8.  On 3 March 1968, the 4th Infantry Division issued General Orders Number 900 awarding the applicant the Purple Heart.

9.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Registrar, provides, in pertinent part that the 1st Battalion, 12th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation.  Also, the Valorous Unit Award was awarded to C Company only, during the period 4 – 10 February 1968, by Department of the Army General Order 43, 1970.

10.  Army Regulation 600-8-22 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.  The same regulation provides for the award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  The applicant was assigned to a unit in the Republic of Vietnam during the period in which two campaigns took place. 

12.  The same regulation provides that the Good Conduct Medal is awarded to soldiers who distinguish themselves by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service.  For the first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year.

13.  Army Regulation 600-200 provides, in pertinent part, that Item 40 (Wounds) of the DA Form 20 will contain a brief description of wounds or injuries (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.

CONCLUSIONS:

1.  The evidence of record establishes that the applicant was awarded the Purple Heart for wounds received on 4 February 1968.  He also should be awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation, the Vietnam Service Medal with two bronze service stars, and the Valorous Unit Award.  It would be appropriate to add these awards to his DD Form 214.  

2.  He achieved the grade of E-4 in less than two years, has no record of disciplinary action or time lost during his service from 17 February 1967 through 14 February 1969, and received an honorable discharge.  He apparently was qualified for but never awarded the Good Conduct Medal.  It would be appropriate therefore to add this award to his DD Form 214.

3.  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 individual concerned was awarded the Purple Heart for wounds received in Vietnam on 4 February 1968, the Good Conduct Medal for the period 17 February 1967 through 14 February 1969, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation, the Vietnam Service Medal with two bronze service stars, and the Valorous Unit Award.

BOARD VOTE:  

_________  _______  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Samuel A. Crumper_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002067507	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020507	
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	
2.		
3.		
4.		
5.		
6.