PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 June 2002
	DOCKET NUMBER:   AR2002069790

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Thomas Lanyi		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 Report of Transfer or Discharge, DD Form 214, be amended to add the Purple Heart, the Air Medal, and the Bronze Star Medal.

3.  The applicant provides several letters he wrote home that show he was wounded.  One letter dated 20 February 1971 informs his parents that he thought he was out of the field for good but he went down to landing zone Uplift that afternoon.  He would probably be out for 4 or 5 days.  The next letter is dated   28 February 1971 and informs his parents that he was still in the hospital.  His hand was much better, all he had was a hole in his finger with a little soreness.  The swelling was down.  He provides two letters from Tom; however, Tom admits to a bad memory in both letters.  He provides documents from the Veterans Administration (VA) showing he was hospitalized and treated by the VA from     29 March – 2 April 1971 for an abscess of the prepatellar right knee due to coagulase positive staphylococcus.  It was indicated in the history that he previously had problems with this condition with intermittent flare-ups of abscesses of the skin.

4.  The applicant’s military records show that he enlisted in the Regular Army on 23 June 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

5.  The applicant arrived in Vietnam and was assigned to the 39th Infantry Platoon (Scout Dog), 173d Airborne Brigade as a scout observer and scout dog handler.  He departed Vietnam on 21 March 1971.

6.  General Orders 639, Headquarters, 173d Airborne Brigade dated 22 March 1971 awarded the applicant the Bronze Star Medal for service.

7.  The applicant was released from active duty on 25 March 1971 after completing 1 year, 9 months, and 3 days of creditable active service with no lost time.  His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency were rated as excellent throughout his enlistment.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device 1960, the Combat Infantryman Badge, and the Sharpshooter Qualification Badge Rifle     M-16.

8.  General Orders 710, Headquarters, 173d Airborne Brigade dated 30 March 1971 awarded the applicant the Air Medal.

9.  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 by a medical officer, and the medical treatment must have been made a matter of official record.  When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. An example of enemy-related injuries which clearly justify award of the Purple Heart is an injury caused by an enemy-placed mine or trap.

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

11.  Department of the Army Pamphlet 672-3 shows the 39th Infantry Platoon was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 – 26 September 1970.

12.  The historical files of the 37th Infantry Platoon, 173d Airborne Brigade were reviewed at the National Archives, College Park, MD.  The review failed to show the applicant’s entitlement to award of the Purple Heart.

13.  A review of records at the U. S. Total Army Personnel Command revealed that the applicant was not listed on the Republic of Vietnam Casualty Roster.

CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Air Medal and the Bronze Star Medal.

2.  The evidence of record shows the applicant met the eligibility criteria for award of the Army Good Conduct Medal.

3.  The evidence of record shows the applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so is authorized to wear this award.

4.  There is no evidence of record to show the applicant was wounded in action.  While he provides some evidence to show he was hospitalized, there is insufficient evidence, such as medical records from when he was treated at the field hospital, to show how he incurred the injuries for which he was hospitalized.

5.  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 applicant was awarded the Army Good Conduct Medal for the period 23 June 1969 – 25 March 1971.

2.  That the applicant’s DD Form 214 be amended to add the Army Good Conduct Medal, the Air Medal, the Bronze Star Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

BOARD VOTE:  

__JNS__  __EJA__  __TL___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone   ___
		        CHAIRPERSON

INDEX

CASE ID	AR2002069790	
SUFFIX		
RECON		
DATE BOARDED	2002/06/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	110.04	
3.		
4.		
5.		
6.