PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           16 April 2002                  
	DOCKET NUMBER:   AR2002067590

	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	
	Ms. Melinda M. Darby		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 that his records be corrected to show entitlement to award of the Purple Heart (PH).

3.  The applicant states that he received multiple shrapnel wounds to his head, left leg and both forearms while in Vietnam and was never awarded the PH.  He provides pages 2 and 3 of a Department of Veterans Affairs (VA) Rating Decision, dated 23 October 2001, in support of his request.

4.  The VA Rating Decision does not show the applicant as wounded in action, treated or recorded in his records.

5.  The applicant’s military records show that he was inducted into the Army on 29 August 1967.  He completed his required training and was awarded military occupational specialty 76Y (Supply Specialist).

6.  During the period 12 March 1968 to 19 July 1969, he served in a unit in Vietnam.

7.  On 30 July 1969, General Orders Number 543, 18th Engineer Brigade announced award of the Army Commendation Medal (ARCOM) for meritorious service to the applicant for the period 12 March 1968 to 19 July 1969.

8.  On 19 July 1969, he was honorably separated under Army Regulation 635-200, chapter 5, based on being an overseas returnee.  His DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge) indicates he had    1 year, 10 months and 21 days of creditable service.  He was entitled to award of the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH 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.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal (GCMDL) (first award) 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.  

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 unit, to which the applicant was assigned, 
was cited for award of the Meritorious Unit Citation (MUC) for the period            23 August 1965 to 31 January 1968 by Department of the Army General Order Number 1, dated 1969.

CONCLUSIONS:

1.  There is no evidence that supports the applicant’s claim to award of the PH; therefore, he is not entitled to the award.  The VA evidence submitted does not show the applicant was wounded in action nor treated for wounds received in action.

2.  The evidence shows his entitlement to award of the ARCOM and the MUC based on his Vietnam service.

3.  There is no disqualification for award of the GCMDL (first award); therefore, he is entitled to the award.

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 is entitled to award of the ARCOM for service during the period 12 March 1968 to 19 July 1969; the MUC for the period 23 August 1965 to 31 January 1968; and the GCMDL (first award) for the period 29 August 1967 to 19 July 1969.

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

BOARD VOTE:  

__jtm___  __mmd___  _inw____ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Irene N. Wheelwright
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067590	
SUFFIX		
RECON		
DATE BOARDED	20020416	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.