PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           09 MAY 2002                   
	DOCKET NUMBER:   AR2002069644

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. John H. Slone		Member	
	Mr. Terry L. Placek		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 award of the Purple Heart.  He states he was "wounded in combat in Vietnam" but never received the Purple Heart.  In support of his request he submits a copy of his separation physical examination.

3.  Records available to the Board indicate the applicant served on active duty between 20 August 1963 and 14 July 1966.  He attained the grade of E-4, consistently received excellent conduct and efficiency ratings, and was released from active duty with an honorable characterization of service.

4.  While undergoing training the applicant was awarded the Expert Qualification Badge with Rifle, Automatic Rifle, and Machinegun bars.  The applicant's records contain orders confirming the awards.  The badge, with the component bars, was omitted from the applicant's 1966 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

5.  The applicant served in Vietnam between February and July 1966.  He was assigned to the 1st Battalion of the 12th Cavalry Regiment and was awarded the Vietnam Service Medal.  He would have participated in two designed campaign periods during his tour of duty in Vietnam.

6.  The applicant's separation physical examination, which was conducted on 
14 July 1966, indicates the applicant was treated for malaria in Vietnam in April/May 1966, and that he had an unstable cyst like area on his left leg.  The examination does not indicate the applicant was wounded as a result of hostile action while in Vietnam.  Item 40 (wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) is blank.  Other than the applicant's separation physical examination, no other service medical records were available to the Board.  The applicant's name is not listed on the Vietnam Casualty List.

7.  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.  Injuries or illnesses which may have occurred, or been treated in a combat area, but were not the result of enemy action do not meet the qualification requirements for award of the Purple Heart.

8.  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.  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.  

9.  By virtue of the applicant's assignment to Vietnam he is entitled to two bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  Those awards were also omitted from his 1966 DD Form 214.

CONCLUSIONS:

1.  Although the applicant's separation physical examination indicates the applicant may have received medical treatment while in Vietnam, there is no evidence which confirms he received treatment for any wounds sustained as a result of hostile action.  As such there is no basis for an award of the Purple Heart.

2.  The applicant did, however, complete a qualifying period of service for award of the Army Good Conduct Medal on 14 July 1966.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Good Conduct Medal and no evidence that would serve as a basis to deny him the award.  The Board concludes that it would be appropriate, and in the interest of justice, to award the applicant the Army Good Conduct Medal for the period 20 August 1963 through 14 July 1966.

3.  The Board also concludes that the applicant is entitled to have the Expert Qualification Badge with Rifle, Automatic Rifle, and Machinegun Bar added to his 1966 DD Form 214, in addition to two bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  The Board notes that those decorations were omitted from his separation document.

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:

a.  by awarding the individual concerned the Army Good Conduct Medal for the period 20 August 1963 through 14 July 1966; 

b.  by showing that he was awarded the Expert Qualification Badge with Rifle, Automatic Rifle, and Machinegun bars; and
c.  by showing that he is entitled to two bronze service stars on his Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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

BOARD VOTE:  

__JHL _ _  __JNS __  __TLP __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2002069644	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020509	
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.